The key, then, is equalizing the resource desparity between State and defense so that the 120 has some bite.
One more thing you could do is put the act on a slidfing scale for the degrtee of crimes. A burglary trial is easier and faster than a murder trial, so the act could require 60 days for a burglary trial....Or, you could have the act require trials faster for no bail or if someone cannot make bail.
(joining this conversation late, so if this was mentioned I apologize.
--- Justin Schwartz <jkschw at hotmail.com> wrote:
>
> No, I am not saying that we on;y need a "nominal"
> presumption of innocence.
> It's not "nominal" to say that you are entitled to a
> trial with a lawyer
> before you get a criminal conviction and a sentence
> that could be notion, or
> probabtion, or very long, or death. It's true that
> if there si no way to get
> you show up for trial because you are too poor for
> bail, or if you are
> suspected of being dangerous or a flight risk, the
> authorities can hold
> you--not indefinitely--but that si not being
> presumed guilty or convicted,
> Besides, I want to hear if any of these would be
> civil libertarians have any
> better ideas? Maybe, like Carrol, they don't care if
> potentially dangerous
> thugs and hoodlums walk loose beacuse they think
> that the cops are worse
> than the hoods. Of course people to say that tend
> not to live in large urban
> areas, where, however bad the cops are, the hoods
> are worse. I know that
> under socialism we will all be rich, happy, and
> free, and the Gangster
> Disciple will lie down with the ex-ghetto child, but
> right now we have
> certain problems. And not just with the GDs, either.
> jks
>
> >
> >On Mon, 15 Jul 2002, Justin Schwartz wrote:
> > > OK, so what's your proposal for making sure that
> the accused shows up
> >for
> > > trial? I suppose at this point we could install
> electronic anklets so
> >that
> > > the cops could pick you up if you didn't show.
> And what about people
> >accused
> > > of horrible violent crimes, including those
> caught red-handed pumping
> > > bullets into their victims? Would you feel happy
> saying, well, sir,
> >you're
> > > presumed innocent,
> >
> >Are you saying we only need a nominal presumption
> of innocence in such
> >cases?
> >
> >-- Luke
> >
> > > so please show up for your capital trial (or, in
> a
> > > civilized society) your trial for life
> imprisonment...
> > >
> > > jks
> > >
> > >
> > >
> > >
>
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