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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Because the court systems are overloaded with cases. The wait for trial is a motivating factor to accept plea deals for sentences that are shorter then the likely wait for a trial.
Which means adding more judicial resources to hear more cases may not have any effect because it would only lead to more cases going to trial.
Letting suspects out is problematic, as it is a risk to society if they were a threat. Most serious charges are not offered bail, but even among those who are, the rearrest rates are high, 20+% are arrested again prior to trial.
Obviously it’s led to a lot of debate between balancing the rights of suspects with the realities of bad people being able to do more bad things.
Speedy is how fast the court can set the trial. If there’s 40 cases between the defendant and his/ her trial, they have to wait. First come, first served.
A person can waive the right to a speedy trial. And if someone is deemed a flight risk or can’t post bail, they’ll probably be stuck waiting in jail. If someone for instance has a long criminal history, a judge may be wise to not let them roam the streets.
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