What is an Alford plea?

There are three types of guilty pleas -- no contest, Alford and guilty.

Jim Drennan, a UNC professor of public law and government, explained the difference between a no contest plea and an Alford plea: in a no contest plea, the defendant doesn't admit guilt; with an Alford plea, the defendant claims innocence.

With an Alford plea, Drennan said, the defendant is saying, "I didn't do it but I'm still pleading guilty."

Only a few things are different when a judge accepts an Alford plea instead of a regular guilty plea. Normally, the defendant would be expected to answer "yes" when asked by the judge, "Are you in fact guilty?"

With an Alford plea, the judge asks these two questions: "Do you now consider it to be in your best interest to plead guilty?" and "Do you understand that upon your 'Alford plea' you will be treated as being guilty whether or not you admit that you are in fact guilty?"

The Alford plea stems from a 1970 U.S. Supreme Court decision involving Henry Alford, a North Carolina murder defendant.

Alford was indicted in 1963 on charges of first-degree murder in Forsyth County. Alford insisted he was innocent. But there was strong evidence that he was not, including witnesses who said Alford stated he wanted to commit the killing, took his gun and left the house and later announced that he had committed the killing. Alford's lawyers believed he would be found guilty and encouraged him to plead to second-degree murder.

Alford told the judge that he pleaded guilty to avoid a possible death sentence. The U.S. Supreme Court ruled trial courts can accept guilty pleas from defendants who do not want to admit guilt but want the benefit of a plea deal.

Alford was sentenced to 30 years in prison. He died in prison in 1975 at 57.