One of the most disturbing things I saw was what’s called “plea allocution,” in which the judge attempts to ensure each person understands the rights that he or she is giving up by pleading guilty. The judge asks the allocuting defendant a series of questions, including whether anyone is forcing him or her to plead guilty, whether he or she is pleading guilty “freely and voluntarily.”
Should anyone tell the truth, and say, “No, I am not pleading guilty freely and voluntarily, I am only pleading guilty because I know it is the only way I can avoid going to Rikers,” which is scary and violent, the judge will reject the plea and set bail. Why is it not okay to say that, out loud, when everyone knows it is true?