Update - Justice is Slow

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Chumango

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A few months ago I posted a question asking for ideas to help an acquaintance deal with her son being shot.

http://www.thehighroad.org/showthread.php?t=533653

The son is continuing to recover, and has since gotten married.

It took 3 months, but the shooter was eventually charged with attempted first degree murder. They decided there was enough evidence in the text messages, etc. to prove that the kid was lured into a trap. He was released on $20K bond.

And, to show the character of the shooter, he was recently arrested for a different shooting, and has been charged with attempted first degree murder for that shooting. He was originally held without bond, but bond was just set at $500K.

But since the police knew immediately following the second shooting who they were looking for, and he was considered armed and dangerous, a bulletin was released to nearby agencies. The news media picked up on that, and in the course of the coverage news of the first shooting finally came out. It was the first it had even been mentioned in the press except a short police report in the county newspaper. Other local stories say more about it.

So, I guess it is obvious in this that justice can be quite slow.

http://www.wate.com/Global/story.asp?S=13452375
 
Let me be the first to observe that contact with James Bubba's wife may be hazardous to one's health and continued oxygen consumption.
 
Yes, justice can be slow.
We just learned in Criminal Law about statutes of limitations and the constitutional right to a speedy trial. The right to a speedy trial doesn't take effect until indictment.
You could commit a crime with a 10 year statute of limitations, and not get arrested for 9 years. Then you're indicted and your right to a speedy trial kicks in. You could go to jail 10 years after you commit a crime and still be within an acceptable time frame as far as the Supreme Court is concerned.

I know this wasn't really your question, but it sheds a little light on the topic. Nothing happens fast unless it's a high profile case or around election time.
 
We just learned in Criminal Law about statutes of limitations

In most states there is no statute of limitation on murder. The way some laws are written (usually with fraud, fraudulent conveyance of assets, etc, many child abuse statutes) the clock starts from discovery of the crime.

So, I guess it is obvious in this that justice can be quite slow.


3 months is a good time. The investigators and DA want to ensure they have their ducks lined up for the arrest and prosecution. Many times no one is arrested for years after the crime was committed.
 
The accused can opt to waive their right to a speedy trial. Does this means that you can go free if your trial doesn't start by the 10 years? I don't think so.
 
Justice is Slow

Some may say that justice is slow. I feel that justice can be random and at times unjust.

Back a few years ago, feels like yesterday, my niece phoned me crying and upset over the disappearance of two of her friends. It was a Saturday and they didn't return home on the previous Friday night. I tried to tell her that they were most likely alright and just stayed out later than they should, they were probably at home as we were speaking. She said no, she had a bad feeling that something was seriously wrong.

She was right, the kids that were missing were Chris and Shannon two Knoxvillians that went out to meet up with a group of friends and spend some fun time together on a Friday night, like most young people do. If anyone knows of this horrendous case, you understand why I'm not going to get into the details, it still upsets me to think of those kids and what they went through in their last days on earth.

Well those involved in the kidnapping; carjacking; incredibly cruel and inhumane torture, rape and murder of this young couple, were caught and caught quickly. Law enforcment did shine brightly in this case!

Then more than a year passed and the trials began. Those families had to relive these life changing events, again and again and again. Over and over the pictures, the details, the images of their children had to be awakened and relived, torture perhaps as cruel as the criminal acts themselves. And in that courtroom every courtesy was extended to the animals that committed these evil deeds. While the families of these kids had to sit silently and could not make references to their kids past and photos YET the criminals were allowed to.

Well some were given long jail terms, some were given life, one has been given death. But we know that in our JUSTICE system, what a joke! That 20 to life can often times result in release after 7 years on good behavior. And a life sentence can also result in 10 to 15 years and then release. And death row can last far longer than the natural life span of those kids parents and siblings.

So I ask is this justice? Not in my eyes. Unfortunately our legal system is so corrupted by lawyers more than willing to defend the likes of these thugs, that true justice is lost in the legal mumbo-jumbo and bargaining in the courtroom. Our LEO go out and risk their lives only to see the thugs they aphrend, released by bureaucratic courts, lawyers with no regard for justice and judges without the backbone necessary to adhere to the law.
 
In most states there is no statute of limitation on murder.
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I don't know of a state where there is a statute of limitation on murder. I was just pointing out why it seems that things go slow sometimes.


The accused can opt to waive their right to a speedy trial. Does this means that you can go free if your trial doesn't start by the 10 years? I don't think so.
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If formal charges are not filed within the statuatory time period, then yes, they will go free. And you're correct about being able to waive their right to a speedy trial. Any right that you have can be given up voluntarily so long as the waiver is knowing and without undue influence. (coersion or under duress or deciet). The right to a speedy trial and statute of limitations are two different animals though.

Wasn't trying to be a know it all or disagree. Was just trying to shed some light on the subject of it taking a long time.
 
Some may say that justice is slow. I feel that justice can be random and at times unjust.
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Far to true. There is a local peice of crap 17 year old charged with the rape of a 5 year old little girl. He broke into the home of this little girl removed her from the home and raped her. Sad thing is this little bastard has already been in jail twice. When will out justice system wake up. IMHO the parents, defense council and judge who issued his release should all be charged. Take every one of them out and hang um in the streets. Our justice system rewards criminals rather than punishing them. The juvinal jail here provides x-boxes cable tv, and guards who can be spit on, cussed at, assulted, pissed on. The only recourse for the offender is a time out. *** has this world come to.
 
Justice is slow...

You hit on a solid point, why are these 3, 4, 5 time loosers being released? These sexual offenders will tell you themselves, they can't be stopped. There is no cure, they themselves admit they will do it again as soon as they're released. Yet they are released, go figure. The only true justice for these habitual criminals is death. I say let the parent of the child place a shot to the head! Let the woman that was held captive, raped and tortured, let her place a shot to the heads of those that committed this crime.
I would have no trouble dishing out JUSTICE to the likes of a dirt bag that rapes a young child. Put them down don't let them loose! They are preditors that admit themselves, they will prey again and again. If a rabid dog is attacking humans you shoot it.
Same should be true of menatlly and morally rabid humans!
 
castration and it does work...

I once thought that perhaps castration may be answer. But I've heard that deranged individuals in this regard will often times use foreign objects, (yes I know this is pretty sick, trust me it's demented!) so I think simply castrating may not be the cure. In fact there are some "sicknesses" for which there is no cure, well let me rephrase that, the only cure is to lock them away forever OR do away with them. Now please don't get me wrong I'm not one of these "Hang 'em High!" kind of people, looking to pass out death penalty sentences like candy bars to hungry kids. It's quite serious to take a life. In fact I do not want to meet my maker with having had taken a life on my hands.
But today the law has shifted to where it's sole concern is to protect the RIGHTS of the criminal at the EXPENSE of the law abiding, honset citizen who was doing nothing wrong, simply minding their own business going about another day alive.
 
When will out justice system wake up. IMHO the parents, defense council and judge who issued his release should all be charged. Take every one of them out and hang um in the streets. Our justice system rewards criminals rather than punishing them. The juvinal jail here provides x-boxes cable tv, and guards who can be spit on, cussed at, assulted, pissed on. The only recourse for the offender is a time out. *** has this world come to.
Click to expand...

You hit on a solid point, why are these 3, 4, 5 time loosers being released? These sexual offenders will tell you themselves, they can't be stopped. There is no cure, they themselves admit they will do it again as soon as they're released. Yet they are released, go figure.
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The justice system has a finite amount of resources. Housing somebody in a jail costs a lot of money. That's money that the jails don't have. Everybody seems pretty hot about this issue and wants bad guys locked up longer. That is, until they have to pay for it. Will you pay for a large jail millage in your county to help keep these people locked up?

People can whine "take them out and shoot them!" or argue for other extreme measures such as castration, but we all know that's not going to happen.
 
To shorten a long story: When the total package of budget and facilities allows for around 400 felony trials in a year but the grand jury returns over 4,000 felony indictments in a year, "Houston, we have a problem!" The only solution is plea-bargains.
 
Statute of Limitation

I thought this was attempted Murder?? Is the statute effective for attempted Murder???
 
People can whine "take them out and shoot them!" or argue for other extreme measures such as castration, but we all know that's not going to happen.
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Well as long as people see the solution but won't take it, the solution won't happen. You're right; it does take considerable resources to house these 'people'. And some of them shouldn't exist. So as long as we don't have the ability to keep them alive in confinement, and don't have the willpower to get rid of them, we are at an impasse. And they will continue to go free.
 
my problem is that state and local and federal governments have plenty of money to spend on studies. Or other flower planting lets hold hands things. My local fovorite is the revitalize downtown Topeka project. They are throwing hundreds of thousands of dollars to renew a horse that died 20 years ago and continues to be beat. At least the hookers and drug dealers have a nicer looking place to do business.

Why it would be foolish to use those funds for other things like prisoners. A slaughter house can electricute a couple hundred hogs at once. Lets just borrow their facility for a couple days.
 
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