2. Nolo contendere`s remedy has always been in federal courts, Hudson v. United States, 272 U.S. 451; United States, Norris, 281 U.S. 619. The use of advocacy is recognized by the Probation Act, 18 U.S.C 724 [now 3651]. While it has sometimes been criticised as being theoretically insufficient on the logical basis, experience has shown that it performs a useful function from a practical point of view. 17. The defendant understands that, by virtue of the admission of guilt it has received under this Agreement, it may be subject to administrative measures by federal, regional or local authorities other than the Cartel Department of the Ministry of Justice and that this opposition agreement in no way controls the measures taken by those authorities. At the Request of the Agency, the United States will inform the Agency of facts resulting from this matter that may be relevant to the Agency`s decision to take action or take action.
The conditional pleading procedure provided for in point (a)(2) is intended, as has already been said, to preserve the resources of the Public Prosecutor`s Office and the judiciary and to promote the objectives of a rapid procedure. It will also lead to urgent uniformity in the federal system in this area; see United States vs. Clark, above, emphasized the division of authority and insisted on a solution by law or rule. In addition, the availability of a conditional means will help, in certain circumstances, to clarify that traditional unqualified remedies constitute a waiver of non-judicial deficiencies. (4) Non-introduction of a plea. If an accused refuses to make a plea or if a defendant organization does not appear, the court must plead not guilty. Although reliable statistical information is limited, a recent estimate has shown that confessions of guilt are responsible for the decision of 95% of all criminal cases. ABA Standards Relating to Pleas of Guilty, pp. 1-2 (Approved Draft, 1968). Many of them are the result of pleadings. The Chairman`s Commission on the Application of law and the Administration of Justice, report of the Task Force: The Courts 9 (1967); D.
Newman, Conviction: The Determination of Guilt or Innocence Without Trial 3 (1966); L. Weinreb, criminal trial 437 (1969); Note, Guilty Plea Bargaining: Compromises by Prosecutors To Secure Guilty Pleas, 112 U.Pa.L.Rev. 865 (1964). First, the two subsections (e) (1) (B) and e) (1) (C) have been amended to recognize that a pleading agreement may not only deal specifically with what amounts to an appropriate sentence, but also a criminal directive, a sentencing factor or a policy statement annexed to a sentencing directive or sanctioning factor. . . .