How is being held in jail without a hearing, for almost 2 years due process? Yes there is a huge issue with the amount of back log in the legal system no doubt. If this person is found to be innocent, or in the preliminary trial found that not enough evidence exists to charge this person, they have not been given due process, if they’re lucky they will get a bit of money, while their entire life fell apart around them. They would have been detained in violation of the 14th. That is not due process.
How is being held in jail without a hearing, for almost 2 years due process?
You’re waiting on a hearing, which is part of your due process.
Your issue here in conflating that concept with a speedy trial. The system is broken and overloaded in some places, and so compliance there is difficult.
I’m all for prison reform as a whole. I’m for ripping the whole incarceration system out by the roots. But words have actual meanings.
Notice of the proposed action and the grounds asserted for it.
-Opportunity to present reasons why the proposed action should not be taken.
-The right to present evidence, including the right to call witnesses.
-The right to know opposing evidence.
-The right to cross-examine adverse witnesses.
-A decision based exclusively on the evidence presented.
-Opportunity to be represented by counsel.
-Requirement that the tribunal prepare a record of the evidence presented.
-Requirement that the tribunal prepare written findings of fact and reasons for its decision.
This is from your source regarding due process.
None of these have happened due to the backlog of cases. As you said, he has not had due process given, because others are delayed in getting their due process. I understand being arrested doesn’t mean a trial immediately. But wait times like this are completely criminal.
I quoted the part where they’re getting due process. What they’re not getting is a speedy trial. The reasons for this are a system that’s overwhelmed.
Specifically they’re being held so long because of a failure in the act of complying with due process.
How is being held in jail without a hearing, for almost 2 years due process? Yes there is a huge issue with the amount of back log in the legal system no doubt. If this person is found to be innocent, or in the preliminary trial found that not enough evidence exists to charge this person, they have not been given due process, if they’re lucky they will get a bit of money, while their entire life fell apart around them. They would have been detained in violation of the 14th. That is not due process.
You’re waiting on a hearing, which is part of your due process.
Your issue here in conflating that concept with a speedy trial. The system is broken and overloaded in some places, and so compliance there is difficult.
I’m all for prison reform as a whole. I’m for ripping the whole incarceration system out by the roots. But words have actual meanings.
https://www.law.cornell.edu/wex/procedural_due_process#:~:text=Overview,by a neutral decision-maker.
You’re absolutely correct words to have meaning.
-An unbiased tribunal.
This is from your source regarding due process.
None of these have happened due to the backlog of cases. As you said, he has not had due process given, because others are delayed in getting their due process. I understand being arrested doesn’t mean a trial immediately. But wait times like this are completely criminal.