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?
In: 235
I’m not an expert in the field, but as far as I’m aware if people are held on bail it’s generally because the judge thinks they have the potential to be dangerous to themselves or others (or they’re a flight risk). There are many reason that they could be held so long, but they all come back to a ‘fair trial’ bring a cornerstone of the justice system. This means that fair representation is required, which is often justified by providing a court appointed defender. If there is anything that can slow down due process, for example no available public defender, then you can be held until that issue is resolved. In many countries, let alone just states in America there is a terrifying shortage of public defenders. There’s also another aspect that can impact jail time. Typically the decision of guilt or innocence is done at a different time to the decision of sentencing (time to serve). It’s very possible that someone be found guilty and then held in custody until sentencing. Which once again requires a fair trial.
Latest Answers