4 ms·
The Eighth Amendment requires that citizens be given a speedy and public trial. Very few go to trial because of false-carrots-on-a-stick plea deals to throw so
by 24gttghh 9y ago
The Eighth Amendment requires that citizens be given a speedy and public trial.
Very few go to trial because of false-carrots-on-a-stick plea deals to throw someone away without the trial, because the prosecutors know the trial may not go for them.
I wonder if it could be argued that plea deals deprive a citizen of their right to a speedy trial, and are therefore unconstitutional?
- vacri 9y agoSome amendments are more strongly enforced than others. Also, it's the 6th that's a speedy trial. The 8th is the equally-ignored excessive fines and punishment. At least the 3rd is still going strong!
- 24gttghh 9y agoOh whoops I read them out of order in the list talking about the drafting of The Constitution. It may have been the 8th in an original list but two below it were not ratified. I am not worthy!
- ringaroundthetx 9y agoregardless of the amendment number, there has been zero clarity from the Supreme Court about what fair and speedy means. As such, there are people in prison for almost a decade without a trial because they couldn't afford bail, see the Riker's Island cases. This is not what I had in mind and I think this result undermines the social contract people have in mind for this country.