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.
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.
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.
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.
Yes, but it does happen a lot. The case of Kalief Browder was one of the reasons for all the reforms around bail. [1][2]
[1] https://en.wikipedia.org/wiki/Kalief_Browder
[2] https://www.nytimes.com/2019/03/29/nyregion/kalief-browder-c...
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.
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.
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.
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.
Just fyi, this is from 2021, not could, but did, some up until the day they were pardoned never had a trial.
https://www.newsweek.com/accused-capitol-rioters-could-spend...
Or, does this not count for ideological reasons? There are at least some people out there that may be consistent despite tribalism, I suppose.