3 ms·

Sadly nothing in the constitution limits the length of pretrial incarceration. I don't understand the full constitutional implications of the those in Guantanam

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 another 5 months in jail for Tweeting about police misconduct. Then another 4 months in prison because they didn't want to phone my release site.

webspinner 3y ago
That's true, but usually if it starts adding up, and not progressing fast enough, you'll start hearing the judge say hey, let's get on with all of this. That is of course unless we're having problems with not having an attorney etc. Although there are cases where that doesn't happen definitely. Or one side chooses to waive way, way too much time, for some ridiculous reason.
quickthrower2 3y ago
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?
- webspinner 3y ago
  Yeah that can happen as well. If the state isn't prepared, it will just be delayed indefinitely. Although I have seen cases where that has happened, and the judge will eventually step in and set a trial date, usually 6 or 8 months from then. I don't think I've ever seen 10 years, that's something ridiculous!!
- qingcharles 3y ago
  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.
  - webspinner 3y ago
    Yeah, if you waive the time, it's called a waiver of speedy trial. Or just a waiver of time, then it can be delayed, but I don't think I've ever seen indefinitely. You should see if you can get your trial televised for that lol.

webspinner 3y ago

That's true, but usually if it starts adding up, and not progressing fast enough, you'll start hearing the judge say hey, let's get on with all of this. That is of course unless we're having problems with not having an attorney etc. Although there are cases where that doesn't happen definitely. Or one side chooses to waive way, way too much time, for some ridiculous reason.

quickthrower2 3y ago

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?

webspinner 3y ago
Yeah that can happen as well. If the state isn't prepared, it will just be delayed indefinitely. Although I have seen cases where that has happened, and the judge will eventually step in and set a trial date, usually 6 or 8 months from then. I don't think I've ever seen 10 years, that's something ridiculous!!
qingcharles 3y ago
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.
- webspinner 3y ago
  Yeah, if you waive the time, it's called a waiver of speedy trial. Or just a waiver of time, then it can be delayed, but I don't think I've ever seen indefinitely. You should see if you can get your trial televised for that lol.