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.
Do you not think that being held in jail for 651 days without even a preliminary hearing is lack of due process?
Seems like a violation of the 14th amendment to me.
https://constitution.congress.gov/browse/essay/amdt14-S1-3/ALDE_00013743/#ALDF_00028619
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.