Angry judge may free some (held without trial) in New Orleans jails

[deadparrot]

NEW ORLEANS, July 28 (Reuters) - An angry New Orleans judge said on Friday that next month he would start freeing people held in jail without trial because the legal system was in "shambles" after Hurricane Katrina.

Facing a shortage of public defenders due to a lack of funding, some poor defendants who cannot afford their own lawyers have been left in jail without trial or proper representation. District Court Judge Arthur Hunter ruled that was unconstitutional.

"If we are still part of the United States and if the Constitution still means something, then why is the criminal justice system 11 months after Hurricane Katrina still in shambles?" he said in an emergency order.

"It is a pathetic and shameful state of affairs the criminal justice system finds itself (in)," he added.

http://www.alertnet.org/thenews/newsdesk/N28418268.htm

[High Plains]

1. I agree with the judge. I expect many of these guys have already

done more time than they would if the courts ever got around to convicting them.

[nealmhughes]

2. Indeed, the right to a "speedy trial" is most definitely in unabridged

Constitution I happen to have. It's pretty old, probably Jimmy Carter was president when it was printed, so I reckon it to be an accurate copy....

[Name removed]

3. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[bluestateguy]

4. In situations like this

you have to devote your limited resources to only the most violent and dangerous criminals, and forget about the peccadilloes of everyone else.

[electricmonk]

5. The 6th amendment still means something, wow!

at least there's still a couple left that amount to more than the paper they are printed on.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

I'm shocked, shocked I tell ya.

[pitohui]

6. the problem is the district in question was destroyed

the solution to the dilemma surely can't be to release violent criminals back into the community to rob, maim, rape, and murder again?

[High Plains]

7. Well, it seems like your cops are working. Why not the courts?

[pitohui]

8. no money honey

tell your representative and senators to support the state of louisiana receiving a fair royalty from offshore drilling

if we had received even a tiny percent of what has been taken from this state over the years, we'd be one of the very richest states instead of one of the poorest

it's a bit blame the victim to crap on the victim of robbery for not having any cash

[High Plains]

10. Isn't Louisiana supposed to pay for Louisiana's courts?

Sure, I don't mind sending reconstruction money (and I don't know much about drilling royalties), but what's up with your state legislature? The justice system in New Orleans was a goddamned scandal before Katrina. If you can't pay for your courts, you better rethink your priorities, maybe rescind tax cuts or something...

[lumpy]

14. Read the article, put your mind to rest.

Case by case means each case, individualy, will be determined on it's merits. Evidence will be taken into consideration along with category of the crime. Murders,rapist,robbers,maimers will much more than likely not be released.

[Rex]

9. That's what the Bush people want judge.

'...some poor defendants who cannot afford their own lawyers have been left in jail without trial or proper representation.'

You seem like a smart judge, the BFEE is field testing the idea of turning the CJ system into a pathetic mockery of justice. Maybe you should tell your friends, just so they know too.

[Solly Mack]

11. He answered his own question

the Constitution doesn't mean anything

just take a look around

It even took him 11 months to take notice and do something

it's not as if the plight of those being held in New Orleans without a trial is just now making it to the news

Sure, I'm glad he spoke up....but better late than never is all too often a self-nurturing, feel good phrase to soothe a conscience or two

[Vidar]

12. Applauding the judge.

[Blue_Tires]

13. +1

[intheflow]

15. Finally!

I have a friend who's been working on this issue, and also working to find housing and transportation for families who have loved ones in jail in Louisiana who were relocated after Katrina and now haven't been able to afford to visit their loved ones in prison. Argh! The repercussions from Katrina continue to reverberate. I'm glad this one judge admits to the travesty of justice sujected onto these people.