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> This is why you should avoid waiving your right to a speedy trial when you have a public defender. That makes sense, but there's a coordination problem. If
by defen 8y ago
> This is why you should avoid waiving your right to a speedy trial when you have a public defender.
That makes sense, but there's a coordination problem. If everyone invoked their right to a speedy trial, the system would indeed collapse under its own weight. But the first set of people to use that strategy would be at a disadvantage since their own lawyers would have less time to prepare. Everyone wants to take advantage of this right but no one wants to be the sacrificial lamb, especially since there's not even a guarantee that enough other people will follow suit (your "sacrifice" might really be for naught).
- Fnoord 8y agoPerfect example of large scale prisoner's dilemma (with more than 2 prisoners).
- horsawlarway 8y agoI think his whole point is that the public defender only has time to put in ~30 minutes either way. So why hang out in jail for the days the public defender is just going to spend working on other cases?
- gamblor956 8y agoThat makes sense, but there's a coordination problem. If everyone invoked their right to a speedy trial, the system would indeed collapse under its own weight. Yes, and it is glorious...from the perspective of a defense lawyer. Because as soon as the DA realizes they can't just railroad defendants, they start getting realistic about the plea bargains they offer and which cases to triage due to lack of evidence. I've seen it happen before (the entire local defense bar refused to wave speedy trial rights) and the DA held out for about 1.5 days before buckling.
- defen 8y agoIn practice, how is a "speedy trial" defined?