I keep hearing about people in jail for 3+ years awaiting trial. If they’re ‘innocent until proven guilty’ I dont understand why they are confined. I thought there was a right to a speedy trial also or is that not really the case?
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>If they’re ‘innocent until proven guilty’ I don’t understand why they are confined. I thought there was a right to a speedy trial also or is that not really the case?
Though there is “Innocent until proven guilty,” there is also Public Safety that needs to be considered. I don’t know how it is done everywhere, but in my county/state, every single person arrested must go before a judge within 24 hours. Our county has a Pretrial Program that will review each defendant, that defendant’s case, and that defendant’s criminal history. They also interview that defendant while they are in jail awaiting first appearance (FA). With all of this info, the pretrial officer will make suggestions to the judge, and the judge has final say as to whether or not a defendant can be released on their own recognizance, released to a pretrial program, released with an ankle monitor, or released with bond/bail (or a combination of any/all of these options), OR if they must stay in jail.
For instance, **Bob** beat his wife last night. He’s never done anything like this before. He has a clean criminal history. He’s lived in his town for 30 years and held the same job for 20 years. He would most likely be released to a pretrial program, possibly with an ankle monitor, and a No Contact Order to keep him away from his wife, and ordered to return to court at such and such a date.
**Jim** shot his wife last night. He’s been arrested for five Attempted Murders, ten DUIs, five Assaults, three Domestic Batterys, and one Resisting an Officer without Violence. He’s only lived in his town for 2 years, doesn’t have a job, and doesn’t have an alternate residence to stay at. Because of his criminal history, the good chance that he may reoffend, the threat to public safety, and that he most likely won’t return to court, he either isn’t released at all, or is given a large (but not excessive) bond. If Jim can’t afford bail, he will have to stay in, or try to get his bail reduced/modified. Until then, he stays in jail.
In our county, about 90% of the time, the **JIMs** of the world are still in jail because of things BESIDES not being able to afford bail – they *can’t* be released, they’re being held on felonies, they’re waiting for transfer to State Hospital or Prison… it is rare that it is ONLY BECAUSE OF BAIL that a person can’t get out.
The right to a speedy trial is a thing, but your idea of speedy and the Judicial System’s idea of speedy are two different speeds. Legalities take time. Ts must be crossed, Is must be dotted. Paperwork must be filed correctly. Everything must be done exactly right, or a lawyer could argue that some random uncrossed “t” was enough to cause a mistrial.
Think of it this way… how many of us would be happy with the Judicial System of the Ted Bundys or Jeffrey Dahmers of the world were released willy-nilly?
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