– Why do people spend so much time in jail awaiting trial?

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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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Anonymous 0 Comments

Because the vast bulk of resources flows to the police.

If you go around and look at a general job description of a police officer, you’re going to find something like: “To press charges and bring cases before the courts”. Bean counting being what it is, most cops are certainly internally rated on how many tickets they write and how many ‘bad guys’ they deliver to the courts. Despite the rosy picture they present to the public.

Now, think back. When’s the last time you heard a politician say something like: “Crime is out of control! We need to hire more judges and build more courts!” I’d bet… never. Instead you’re going to hear “More cops!” “Mandatory minimums!” “More tough laws!” “No bail for scum criminals!”

What does this mean in the real world? It means an ever-growing capacity to jam new criminal justice ‘customers’ into the court system, while ignoring the similar need of additional resources of those courts to deal with that flood of cases. Tougher sentences also mean that there’s more incentive for the accused to appeal and fight. And the perception that someone might do more crime while out on bail means that politicians are loath to actually do anything to get people out.

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