Now we all know the U.S. and State Constitutions provide for a speedy trial, We've all been there when the prosecutor is rushed to prepare a hearing and is trying to get a briefing from us on the basics as he/she has been only handed the case file (along with six others) five minutes before our arrival. In most jurisdictions plea agreements result in too many dangerous people being dumped back onto the streets but are common as the D.A.'s office has been buried and it's impossible to properly prepare a case well enough to insure a conviction.We have only so much time to indict or the charges get dismissed and lawyers get cases dropped when we cannot locate a missing witness. It also seemed somewhat strange that some defense attorneys always are available for trial only during our vacations. This issue has come to a head in Vermont as that state's Supreme Court has ruled on a case and their action has resulted in a firestorm which brings attention to one major weakness in our criminal justice system. It's now when the victims of domestic violence are beginning to feel the unfairness that most of us have lived with throughout our careers. Here's a portion of that story from WCAX-TV:
The Vt. Supreme Court triggered a firestorm in its split ruling issued Friday that throws out the domestic assault conviction and a 12 to 20 year prison term for Michael Brillon, an habitual offender from Bennington. A three-justice majority of Denise Johnson, John Dooley, and Marilyn Skoglund determined that the three years it took to get to trial had not satisfied Brillon's constitutional right to a speedy trial. They ruled the convictions must be vacated and the charges dismissed. But in a bitter dissent, justices Bryan Burgess and Paul Reiber said the lions share of the delays were attributable to the defendant, not to the state. "Well I have to say that I'm really surprised by this decision. It seems to me that the court, one: got the law wrong in that they really didn't explain how it was in any meaningful way that the defendant wasn't responsible for his own delays," said Cheryl Hanna of the Vt. Law School. Hanna says the three-justice majority got the law wrong in this case and in so doing did a disservice to domestic abuse victims. "The defendant here was continually delaying the trial, asking for new attorneys, as a way to further harass this victim, and as a way to, you know, further exert power and control. And a court that I think has usually been pretty good about understanding victims' rights really did not understand that context at all," explained Hanna.
Posted by: Francois
Vermont sucks
Posted by: Deuce
Quote:
Originally Posted by Francois
Vermont sucks
Wow, well thought out and articulate. Any other poignant facts to add?
ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops
About MassCops, the home for Massachusetts law enforcement.
The Massachusetts Law Enforcement Network opened in 1998 and is now a part of the New England Police Network The site is a pro-police discussion forum intended for sworn police officers and civilian law enforcement officials as well as those interested in pursuing a career in law enforcement here in Massachusetts.
The goal of The Massachusetts Law Enforcement Network is to provide an informal network of law enforcement officials here in Massachusetts for educational and informational purposes.
The forum covers many topics such as Police Related News Articles, Agency & Profession Discussions, Police Training as well as Law Enforcement Career Information.
The Massachusetts Law Enforcement Network and The New England Police Network (NEPN) and it's network sites are privately owned websites/domains and are not affiliated with or endorsed by any government association or agency.
MassCops (masscops.com) and (masscop.com) are privately owned are not affiliated with or endorsed by the Massachusetts Coalition of Police (masscop.org)
ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops