Comment by qingcharles

1 day ago

We do unfortunately send people to long times in jail (sometimes over a decade) before their cases come to trial in the USA. And jails in the USA generally have vastly worse conditions than prisons (as they are "short term" facilities).

CECOT is a whole different beast altogether, though :(

7 comments

qingcharles

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michaelmrose  1 day ago

You have to waive your right to a speedy trial. You cannot be held for years without trial

  • kagakuninja  1 day ago

    I was a jurist on a murder trial. The defendant had spent 1.5 years in jail awaiting his trial. Then went back to jail after the hung jury did not deliver a verdict.

    • qingcharles  18 hours ago

      1.5 years is low for a murder trial. I would suspect the average is somewhere between 2 and 5 years. A lot of the time, if the defendant knows they are cooked, then they are just holding out for a better plea deal.

      I've personally met defendants on their ninth year awaiting trial, and during COVID a lot of jails were forced to publish their detainees lists, and I noted some who were over 11 years without a trial.

  • qingcharles  1 day ago

    Sure, that's true. Let's say you file a motion, though. Say the cops beat a false confession out of you. You file a motion to suppress. Now you've stopped the speedy trial clock for a year, maybe two, while the motion is responded to, witnesses and discovery are sought, hearings are had, etc. You're stuck in jail that whole time.

  • AngryData  1 day ago

    Just like in theory the cops can't steal your stuff. But in reality there are more than enough ways around such little restrictions unless you are backed up by an expensive and powerful legal team.