Alford pleas in the age of innocence

Abstract

In 1970, the Supreme Court handed down a decision in North Carolina v. Alford that has since allowed defendants who do not wish to risk their fates at trial to plead guilty while simultaneously asserting their innocence. Although "Alford pleas" have remained unexamined by researchers, the increasing number of identified wrongful convictions of those factually innocent highlights the need for an in-depth examination of them. In the present study, using the Department of Justice 2004 State Survey of Inmates in Correctional Facilities dataset, we examined the likelihood of entering Alford pleas over traditional guilty, no contest, and not guilty pleas for those convicted of murder/manslaughter. Although we generally found few differences between the three guilty plea types, interesting differences between Alford and not guilty pleas emerged. Implications for actual innocence are discussed.