Gerald Bates

“Judicial Reform” by Gerald Bates

I suffer from a legal conundrum which the courts have refused to address. In that situation, I’m not alone. I’ve discussed my situation in previous post, “Life over a Bounced Check” & ” Florida Life w/out Parole Capitol”.
The average middle class citizen believes the courts are fair and just. They are, if you can afford a “Dream Team” ! If not, you just get ground up by the system.
The affluent have never herd of the “Rocket Docket”, where public defenders push thousands of indigent defendant’s through quick guilty pleas. The promise, you can.get out of jail today. No matter whether they’re guilty or not.
One would think that the courts would have corrected my draconian, “Life over a Bounced Check” sentence long ago. The reality is they’ve just refused to even hear my case.
It seems that my liberty is less protected than the court rules and administrative procedures. I have realized through nearly 24 years of legal study that we, the citizens are not as protected by the Constitution as the framers originally intended.
Since the ratification of the Constitution, a host of appointed Judges influenced by politics have eroded the force of our Constitutional protections.
Like a multitude of prisoners, after the initial appeal. I’ve had to fight my case by myself, what they call “Pro-Se”. Pro-Se pleadings are supposed to be liberally construed by the courts. In reality, that rarely happens.
The Courts, after receiving a pro-se pleading from a prisoner always defer it to the prosecuting attorney for an order denying the pleading.
Imagine that, having the individual who overcharged you, lobbyed to over sentence you writing the order denying your appeal.
People wonder why there’s a mass incarceration problem in America. Did you know that 98% of all indigent defendant criminal cases result in a guilty plea? It’s true!
That’s because public defender offices are severely under funded, under staffed and just overwhelmed. Often representing 30 or 40 defendants at a time often without para-legals or even an investigator.
The States Attorney on the other hand, usually has unlimited funds, staff and the entire police force to investigate. The playing field is severely tilted against the indigent defendant.
How do we fix it? Exposure and Reform!!! We demand reform from our Representatives. We demand exposure from our news outlets.
It all starts with us!! Representatives, call them, demand they fix the system!!!!

Gerald Bates
DOC #1425997

Advertisements

2 replies »

Leave a Comment

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s