Comments on: Speedy trial: whose responsibility is it? http://apublicdefender.com/2008/10/17/speedy-trial-whose-responsibility-is-it/ Mon, 16 Jan 2012 06:06:33 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Sean S. http://apublicdefender.com/2008/10/17/speedy-trial-whose-responsibility-is-it/comment-page-1/#comment-41526 Sean S. Sat, 18 Oct 2008 20:26:18 +0000 http://apublicdefender.com/?p=1650#comment-41526 I don't even think if we were to chuck out dumb punitive laws and other "hard-on-crime" provisions we'd be able to get the workload under control. Let's face it; the funding and organization of most of our courts harkens back to the 1800's. If people want speedy trials and an efficient court system they're going to have to pay for it, and that means not cutting taxes every election cycle. What would you want more, the $500 stimulus check or a court system that works? I don’t even think if we were to chuck out dumb punitive laws and other “hard-on-crime” provisions we’d be able to get the workload under control. Let’s face it; the funding and organization of most of our courts harkens back to the 1800′s. If people want speedy trials and an efficient court system they’re going to have to pay for it, and that means not cutting taxes every election cycle. What would you want more, the $500 stimulus check or a court system that works?

]]> By: Daniel http://apublicdefender.com/2008/10/17/speedy-trial-whose-responsibility-is-it/comment-page-1/#comment-41487 Daniel Sat, 18 Oct 2008 06:17:26 +0000 http://apublicdefender.com/?p=1650#comment-41487 I'd actually like to see more decisions like this one. The public is always going to insist that everything is for free. By letting lots of criminals go, the court is really putting the screws on the public and saying: look, you want safety, you're gonna have to pay for it. So long as the courts and the PDs keep taking it, the public is going to keep dumping it. Time to stand up and fight. I’d actually like to see more decisions like this one. The public is always going to insist that everything is for free. By letting lots of criminals go, the court is really putting the screws on the public and saying: look, you want safety, you’re gonna have to pay for it. So long as the courts and the PDs keep taking it, the public is going to keep dumping it. Time to stand up and fight.

]]> By: LJS http://apublicdefender.com/2008/10/17/speedy-trial-whose-responsibility-is-it/comment-page-1/#comment-41449 LJS Fri, 17 Oct 2008 17:11:39 +0000 http://apublicdefender.com/?p=1650#comment-41449 This is not a new issue to CT. Take a look at the briefs in Day v. Commissioner, 86 Conn. App. 522, 862 A.2d 309 (2004) and at the decisions in State v. Day, 233 Conn. 813, 661 A.2d 539 (1995) and State v. Brown, 242 Conn. 389, 699 A.2d 943 (1997). When we talk about speedy trial violations and General Statutes § 54-82m, we talk about faded memories, lost witnesses, and lost evidence -- what of those possible defense witnesses who are lost because assigned counsel can't prepare the case swiftly. There is a tension between the speedy trial right and the right to counsel in a setting where counsel can't realistically prepare a case within the 8 month deadline due to other obligations. This is not a new issue to CT. Take a look at the briefs in Day v. Commissioner, 86 Conn. App. 522, 862 A.2d 309 (2004) and at the decisions in State v. Day, 233 Conn. 813, 661 A.2d 539 (1995) and State v. Brown, 242 Conn. 389, 699 A.2d 943 (1997).

When we talk about speedy trial violations and General Statutes § 54-82m, we talk about faded memories, lost witnesses, and lost evidence — what of those possible defense witnesses who are lost because assigned counsel can’t prepare the case swiftly.

There is a tension between the speedy trial right and the right to counsel in a setting where counsel can’t realistically prepare a case within the 8 month deadline due to other obligations.

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