Why is it called an Alford plea?
Examples of reasonable doubt
Abstract: From its emergence in Europe, trial by jury had to go a long way to become the official method of trying criminal cases in the United States. Although it was not created exactly for that purpose, it had several memorable moments during its development that gave it the necessary prestige and value to be inserted in the Constitution of that country as a guarantee against the abuse of power. Today, however, the great importance it once had has been left behind. The needs and practices of a system with a very high conviction rate have ended up relegating it, turning it into a truly endangered species. The following article describes and explains the birth and rise of jury trials for criminal cases and their subsequent virtual disappearance at the hands of the not so efficient but dangerous negotiated sentencing agreements.
Abstract: Since its appearance in Europe, the trial by jury had to travel a long path until it became the official procedure to try criminal cases in the United States. Although it was not really created with that specific purpose, over the years it experienced memorable moments in which it was granted with the prestige and value required to be inserted in the Constitution of that country, as a safeguard against the arbitrariness of the governmental power. Today, however, the great importance that it had in the past has significantly decreased. The needs and practices of a system with a particularly high rate of convictions have relegated and transformed it into a real endangered specie. The following article describes and explains its birth and rise, as well as its subsequent virtual disappearance due to the not so efficient as dangerous guilty pleas.
Reasonable doubt in the United States
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Beyond a reasonable doubt
Jimenez filed in Forsyth Superior Court what is called an Alford guilty plea which, in the words of his attorney, “means that he does not admit to the facts as stated by the victim.” The defendant does not admit the act and asserts his innocence, but acknowledges that prosecutors had enough evidence to convict him if the case had gone to trial.
Jimenez, a husband and father of four, and Montalvo had met at a Clemmons restaurant, where the victim worked as a waitress, and had been lovers for a while until the Hispanic man’s wife found out, Doorasamy said.
The Alford Doctrine, also called the Alford plea, Kennedy plea, Alford guilty plea, “I’m guilty but I didn’t do it” plea or Alford doctrine- is a type of plea applicable in American criminal justice, whereby an offender responds to criminal charges by admitting not guilt but innocence of the act with which he or she is charged. 12] Under this plea, the defendant admits that there is sufficient evidence to prove his guilt to a judge or jury beyond a reasonable doubt. This doctrine is named after the doctrine of guilty pleas.
This doctrine owes its name to the 1970 North Carolina v. Alford ruling by the U.S. Supreme Court regarding the first-degree murder charge of defendant Henry Alford in 1963. The evidence included the testimony of several witnesses who argued that Alford had acknowledged guilt in the murder after the victim’s death; in-court testimony showed that Alford and the victim argued in the victim’s home, and that after Alford left the house, the victim received a fatal gunshot wound when he opened the door in response to a blow. The evidence also showed that Alford and the victim argued that Alford’s death was the result of an argument between Alford and the victim, and that after Alford left the house, the victim received a fatal gunshot wound as he opened the door in response to a blow.[19