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Comment by leephillips | Hacker News Reader

This year in jail was awaiting the “speedy trial” that is supposed to be guaranteed by the US Constitution. I think that in itself is as much of an issue as the quality of the evidence. How can the government justify taking year away from the life of a man who has not been convicted of anything?

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A year? Curtis Flowers spent over 20 years on Death Row without being convicted of anything. A couple years ago he was set free! Why? Because of a true crime podcast called In The Dark. Seriously. Listen to season 2 and your mind will be blown. The “justice” system in this country is horrific.

https://en.wikipedia.org/wiki/Curtis_Flowers?wprov=sfti1

I agree with your distress at the state of the justice system, but it doesn’t make sense to say that someone was on death row without having been convicted. The article you link to explains that his convictions were overturned. Although I would never rely on information in a Wikipedia article, you did link to it, so presumably you find it credible.

Every time he was “convicted”, the prosecution was found to be in blatant violation of laws on appeal. They intimidated witnesses, kept black people off the jury, and more. So no, he was never rightfully convicted! The prosecution broke so many laws, way more than Curtis Flowers ever did! And they just did it over and over again for 20 years. None of them have faced any consequences. They effectively imprisoned an innocent man for 20 years because they didn’t like him. And big surprise, Curtis is black.

What you are describing is different from convicting someone withoht trial, it's way worse.

The prosecution breaking the law doesn't mean the trial didn't happen. "rightful conviction" and "conviction" are very different things.

A lot of times, people have to waive their right to a speedy trial. Apparently, in some districts they don't like it when the accused doesn't waive their right, so much that the defense attorney will get assaulted by the judge.

https://youtu.be/jAv1QUkHFSY?t=397

This. "Michael Williams, 65, who denied any wrongdoing, sat in jail for 11 months awaiting trial for allegedly killing Safarian Herring, 25."

Do not waive a speedy trial ever. The judge will want you to, your attorney will want you to ($), the DA will want you to. Tell them to go fuck themselves.

'Florida Judge'

It's typical for a defendant to waive their right to a speedy trial. If you don't waive it typically you get the book thrown at you and in the little time you have to prepare, something sticks. I agree this should be changed but there is not much political will behind it, as prosecutors view it as a necessity to try everyone fairly. The real solution is to not bring so many pointless cases to trial.

Knowing that, I think I would demand a speedy trial, but most people have horrible lawyers.

Huh, thanks for pointing that out. I had no idea that waiving the right to a speedy trial was even a thing. If you do not so waive, what is the standard for a trial date that is considered constitutionally speedy at the moment?

It depends on state. In Kansas, it is 180 days if out on bail, or 90 if held. Note this does not include time before you are arraigned. In some states it does (personally, speedy trial should include the time before you are arraigned, so that the state is forced to hurry up and deal with cases or dismiss them).

I'm unsure about federal guidelines. I think many states have laws that could be challenged in federal court, and their de facto behavior most certainly can, if you have money.

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