Earlier quoted context omitted.
Sadly nothing in the constitution limits the length of pretrial incarceration. I don't understand the full constitutional implications of the those in Guantanamo, but that issue probably had something to do with why their detention was allowed to continue for so long. I've known several people who managed over 11 years in the Cook County Jail. I did 8 years and 1 month in jail, then 11 months on house arrest, then an…
So I guess the right to a speedy trial only violated if the prosecution delay the trial for no good reason, but if the whole system is under resourced it doesn’t count?
Ask HN: Who needs help this holidays?
211–216 of 216 posts
Re: Ask HN: Who needs help this holidays?
#212I hesitate to post here because I really don't like talking about my problems and have never written anything like this before. I'm one of the original members of HN and I've been here for a long time; since week one I think. I'm an American technologist who has done web dev work in the past, but right now I'm stuck on an island in the Philippines without income or employment, and things are getting pretty desperate…
Re: Ask HN: Who needs help this holidays?
#213Earlier quoted context omitted.
So I guess the right to a speedy trial only violated if the prosecution delay the trial for no good reason, but if the whole system is under resourced it doesn’t count?
This. Illinois has a 120 day speedy trial statute (and the constitution has a vaguer requirement), but as you say it is only really violated by the prosecution. If your attorney agrees to any delays the speedy trial clock does not tick.
Re: Ask HN: Who needs help this holidays?
#214Earlier quoted context omitted.
WTF. Ten years locked up without trial, isn't that unconstitutional?
Kevin Mitnik was famously held for 4 and a half years before his trial. That's where I learned about this shitty practice. Anyone else rocking the "Free Kevin" bumper sticker back in the day? This and civil forfeiture stuff always has pissed me off immensely.