Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

Beastly Boy

(13,283 posts)
48. Speedy trial is the right of the defendant, not an imposition on the prosecution. Curious how a seasoned prosecutor
Thu Jan 16, 2025, 02:33 AM
Jan 2025

could overlook this little detail.

The speedy trial rules you are referring to, therefore, are imposed on the prosecution, and not to make trials speedy. It is to protect a defendant's right to it. Just as it is on the prosecution to not interfere with a defendant's right to use all legal means at his disposal, whether or not it delays a trial, and regardless of the time it takes. And there are certainly instances where extending these rights to defendants required four years and more.

And speaking of due process, it consists of far more than reasonable cause and a good chance for a conviction. These are just the two elements whose absence would preclude a case from moving forward with formal charges. And it is the Grand Jury, not the prosecutors, who issue indictments. Or not.

The link you provided is full of meticulously catalogued principles that affect due process of law. And this is just a list of principles. The list of procedures to be followed to uphold those principles is far more extensive. Chapter 28 of the US Code of Regulations that governs DOJ has over 1000 rules listed in it, and all of them affect due process of law. You have to admit, insinuating that the Code of Regulations amounts to nothing is a bit of a stretch. If a thousand rules to be followed in administering justice doesn't call for super duper surety, I don't know what will. And they are certainly required. If the prosecutors at DOJ take undue liberties to speed up a trial for any reason, including disregard for the defendant's rights under the law, the Judiciary, who are actually in charge of overseeing adherence to the due process of law, would be quick to remind the prosecutors of it, up to and including dismissal of their cases.

All this before a trial can actually take place.

You've had your opportunity, and you have yet to identify a single legal source that states how long a prosecution should take. For a self-described prosecutor, not impressive at all.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Personally, I think Garland and Biden -- who could have told MG to up his game -- knew this would be a chitshow. Silent Type Jan 2025 #1
Trump would not have been able to run iemanja Jan 2025 #4
Maybe. Again, Biden could have picked up phone or fired him. We spent too much time thinking we Silent Type Jan 2025 #5
I'm not thinking anything other than what Smith just reported. iemanja Jan 2025 #6
He could have run! The law only allowed congress to prevent him from being seated. LeftInTX Jan 2025 #9
Let's put it this way iemanja Jan 2025 #10
Indictments sure didn't matter. Disgusting as it is, running from behind plexiglass might have helped him more. Silent Type Jan 2025 #13
I seriously doubt it iemanja Jan 2025 #19
I mean qazplm135 Jan 2025 #22
He wasn't president during the last four years iemanja Jan 2025 #25
Literally day one qazplm135 Jan 2025 #31
He would have been out on appeal. It usually takes a year after a search warrant to bring a federal indictment. LeftInTX Jan 2025 #16
You seem highly invested in coming up with scenarios iemanja Jan 2025 #17
Post removed Post removed Jan 2025 #23
Jack Smith is iemanja Jan 2025 #26
He's a prosecutor. He can't put Trump in prison!!! LeftInTX Jan 2025 #27
Just the opposite. Jack Smith's report was as much a wimp out as Mueller's. Silent Type Jan 2025 #38
That's not true qazplm135 Jan 2025 #20
Please read my responses below iemanja Jan 2025 #21
The post I replied to qazplm135 Jan 2025 #24
Not sit on my hands for two years iemanja Jan 2025 #2
How about simply faster and with less timidity? Frasier Balzov Jan 2025 #3
Well, at least nobody is posting their own version of the law. Beastly Boy Jan 2025 #7
I mean "the law" didn't have much to do qazplm135 Jan 2025 #18
This is what I mean. Of course the law had much to do with how quickly the prosecution occurred! Beastly Boy Jan 2025 #33
Lol qazplm135 Jan 2025 #41
At times due process requires more than four years. There is no time frame on due process. Beastly Boy Jan 2025 #44
There literally is a time frame for due process qazplm135 Jan 2025 #45
Ok, I will give you an opportunity to show off your legal background. Beastly Boy Jan 2025 #46
Both states and the feds have speedy trial qazplm135 Jan 2025 #47
Speedy trial is the right of the defendant, not an imposition on the prosecution. Curious how a seasoned prosecutor Beastly Boy Jan 2025 #48
Lol qazplm135 Jan 2025 #49
This message was self-deleted by its author LeftInTX Jan 2025 #8
Most people have no clue he's Jewish. To think that is the reason he is criticized on DU is ludicrous and unthinking NoRethugFriends Jan 2025 #14
That's a lot of hyperbole qazplm135 Jan 2025 #15
This message was self-deleted by its author arthritisR_US Jan 2025 #28
Garland could have appointed a Special Counsel to investigate Trump immediately upon his confirmation... LudwigPastorius Jan 2025 #11
It's not hard qazplm135 Jan 2025 #12
He could have released the full Mueller report. intheflow Jan 2025 #34
Garland is the worst of the worst of AGs awesomerwb1 Jan 2025 #29
We all saw the insurrection happen in real time, and so did Garland. He should have opened the investigation pnwmom Jan 2025 #30
It' not just Garland, it's the whole system. Scruffy1 Jan 2025 #32
If the sc gave him his way out that's on them. The stalling is on Garland. Autumn Jan 2025 #36
Garland should have gone after trump as soon as he started going after trumps idiots. Autumn Jan 2025 #35
Thank you. William769 Jan 2025 #37
This message was self-deleted by its author Clouds Passing Jan 2025 #39
Did you tell duers to have patience four years ago? Emile Jan 2025 #40
As soon as the first insurrectionist interviewed opened his or her mouth and said they went to the Capitol because Trump Jit423 Jan 2025 #42
Has you question been answered? edhopper Jan 2025 #43
Simply this : Justice delayed is Justice denied". OnDoutside Jan 2025 #50
1 - Assign someone to investigate tsf on 1/7 and don't give it to some right wing toady! lark Jan 2025 #51
Latest Discussions»General Discussion»Those who are vehemently ...»Reply #48