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Regarding the 6th amendment...

bitterbees
Posts: 2
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5/8/2016 4:51:07 PM
Posted: 6 months ago
Does the right to a speedy trial not exist anymore? I mean, sure it does but the definition is so vague nowadays - what's the point? If a suspect is truly innocent until proven guilty, then they should either be released until trial (without having to post bail) or taken to trial and proven guilty beyond a reasonable doubt immediately.
Daedal
Posts: 157
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5/8/2016 4:58:02 PM
Posted: 6 months ago
What difference does it make? 95% of cases never make it to trial and are settled by plea bargain:

http://www.cato.org...

Extract:
Most Americans are under the mistaken impression that when the government accuses someone of a crime, the case typically proceeds to trial, where a jury of laypeople hears arguments from the prosecution and the defense, then deliberates over the evidence before deciding on the defendant"s guilt or innocence. This image of American justice is wildly off the mark. Criminal cases rarely go to trial, because about 95 percent are resolved by plea bargains. In a plea bargain, the prosecutor usually offers a reduced prison sentence if the defendant agrees to waive his right to a jury trial and admit guilt in a summary proceeding before a judge.
bitterbees
Posts: 2
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5/8/2016 5:16:07 PM
Posted: 6 months ago
At 5/8/2016 4:58:02 PM, Daedal wrote:
What difference does it make? 95% of cases never make it to trial and are settled by plea bargain:

http://www.cato.org...

Extract:
Most Americans are under the mistaken impression that when the government accuses someone of a crime, the case typically proceeds to trial, where a jury of laypeople hears arguments from the prosecution and the defense, then deliberates over the evidence before deciding on the defendant"s guilt or innocence. This image of American justice is wildly off the mark. Criminal cases rarely go to trial, because about 95 percent are resolved by plea bargains. In a plea bargain, the prosecutor usually offers a reduced prison sentence if the defendant agrees to waive his right to a jury trial and admit guilt in a summary proceeding before a judge.

I know what a plea bargain is, I didn't even ask about it. I'm talking about pre-trial detention until a suspect is proven guilty for felonies and whatnot. If a defendant makes a plea bargain, they're pleading guilty basically. (So common sense should tell you that I wasn't even referring to that.)
Daedal
Posts: 157
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5/8/2016 5:57:14 PM
Posted: 6 months ago
No need to get ratty. You said:

Does the right to a speedy trial not exist anymore?

which I answered.

Why do people agree to plea bargains? Not necessarily because they're guilty, but because they'd rather get 30 months than take the chance on 30 years.
Vox_Veritas
Posts: 7,060
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5/8/2016 6:31:49 PM
Posted: 6 months ago
At 5/8/2016 4:58:02 PM, Daedal wrote:
What difference does it make? 95% of cases never make it to trial and are settled by plea bargain:

http://www.cato.org...

Extract:
Most Americans are under the mistaken impression that when the government accuses someone of a crime, the case typically proceeds to trial, where a jury of laypeople hears arguments from the prosecution and the defense, then deliberates over the evidence before deciding on the defendant"s guilt or innocence. This image of American justice is wildly off the mark. Criminal cases rarely go to trial, because about 95 percent are resolved by plea bargains. In a plea bargain, the prosecutor usually offers a reduced prison sentence if the defendant agrees to waive his right to a jury trial and admit guilt in a summary proceeding before a judge.

Well, it does have the benefit of speeding things along. There are only so many judges and a lot of cases pending resolution.
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