Issue Position: Criminal Justice System

Issue Position

There is a great injustice today in our nations criminal justice system. So much so, that it borders on the line of fraud.

This injustice has found its way into plea bargains made under Rule 11 of the Federal Rules of Criminal Procedure.

Under Rule 11, there are two plea agreement choices; one which is binding on the court (c) the other which is not (b). A disclaimer is generally made to the defendant under the (b) type of agreement there is no disclosure of the other type of (c) plea agreement. In my opinion, if a defendant had knowledge of both, he/she would never choose the (b) agreement.

Is this a deliberate fraud designed by congress to expedite the judicial process? What purpose did the Congressional members have when they passed (b), if they already had (c)? Fraud is the intentional deception by another made for monitory or personal gain. How many defendants were subject to a (b) type plea agreement? Did they get what they bargained for? Were they defrauded? If so, should those convictions stand?

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