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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The short answer, which I haven’t seen anyone else give you yet, is that the Supreme Court has said that for the purpose of bail you are not “presumed innocent.” That way bail (if any) can be set in a way that reasonably protects the community and ensures that the defendant will show up for trial.
Think about it this way: if a man is accused of beating up his wife, and he gets arrested and goes to jail, do we want him “presumed innocent” for the purpose of setting bail? Or do we want a substantial bail, in order to protect the victim?
So we don’t “presume innocent” when it comes to bail.
Lots of people have offered reasons why bail is what it is, much of it cynical and anecdotal. (1) As a general rule, don’t buy what John Oliver is selling without going to other sources, and (2) delays of 3+ years are pretty rare (though I suppose with COVID shutting down courtrooms for so long, there have been some long delays).
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