16 year old thrown in NYC prison for 3 years for no reason

[The Free North]

Disgusting. I cant imagine what this young man went through. The state should pay for the 3 years of his life that he will never get back.

When you have a society that increasingly attacks the rule of law, its no wonder things like this happen more frequently. At a federal level, this is exactly the reason why we have a bill of rights.....if only we would use it.

http://www.youtube.com/watch?v=gJMR56H6MA0

[Pheurton Skeurto]

'Murica.

[ElectionsGuy]

Stop and Frisk everybody. Disgusting, as you said.

[© tweed]

it's not so much the "decline of the rule of law" as it is the material fact of mass incarceration.  a young black man in jail is nothing more than wallpaper.

[True Federalist (진정한 연방 주의자)]

Part of the problem is that we underfund and understaff the courts so that there is little chance of a speedy trial unless one cops a plea deal.

[bedstuy]

Part of the problem is that we underfund and understaff the courts so that there is little chance of a speedy trial unless one cops a plea deal.

There's an insane backlog at the Bronx criminal court.  It's pretty insane because they aren't saving any money by keeping someone at Rikers for 3 years pending a trial.

Unfortunately, we live in a world of budget cuts.  Nobody really cares when the cuts hurt poor back people.  So, in New York the thinking is that you make sure the pain is felt among these poor black communities and not on the more politically powerful white voters. 

[Zioneer]

Depressing. Is there no justice in the world?

[The Free North]

Depressing. Is there no justice in the world?

Hopefully the state is held accountable somehow. Not sure how you make up three years lost though.....awful

[○∙◄☻¥tπ[╪AV┼cVê└]

So much for the 6th amendment.

[Pheurton Skeurto]

So much for the 6th amendment.

>implying the fuzz gives a sh-t about the Constitution

[Badger]

This is insane. 3 years?!?!?

[© tweed]

This is insane. 3 years?!?!?

hey man, on the other hand you stood up for drug criminalization.  you reap what you sow, can't have one without the other.

[Cory]

Things like this happen and then we turn around and ask why black people by and large don't trust law enforcement.

Disgusting, I hope this man gets everything him and his attorneys ask for.

[Bleach Blonde Bad Built Butch Bodies for Biden]

Hopefully he'll be set for life after this.  Sue the bastards for everything they've got.

[Badger]

This is insane. 3 years?!?!?

hey man, on the other hand you stood up for drug criminalization.  you reap what you sow, can't have one without the other.

Horse$hit. No one should have to wait three years for their case to be held, regardless of charges. That's a complete strawman.

[bedstuy]

Hopefully he'll be set for life after this.  Sue the bastards for everything they've got.

I think he may not be able to sue the government at all.  There may not be a damage remedy for the denial of a right to a speedy trial.  Plus, New York can probably invoke sovereign immunity so they would have to waive that to allow a suit.

[Bleach Blonde Bad Built Butch Bodies for Biden]

Hopefully he'll be set for life after this.  Sue the bastards for everything they've got.

I think he may not be able to sue the government at all.  There may not be a damage remedy for the denial of a right to a speedy trial.  Plus, New York can probably invoke sovereign immunity so they would have to waive that to allow a suit.

I don't know New York law, and I assume you're more educated on this than I, but that sounds odd to me.  I think it's pretty clear what happened to the man goes in violation of federal law if not state law, so wouldn't someone have to take the fall for this?

At the very least I can see a class-action lawsuit come out of this even if those seldom go very far.

[bedstuy]

Hopefully he'll be set for life after this.  Sue the bastards for everything they've got.

I think he may not be able to sue the government at all.  There may not be a damage remedy for the denial of a right to a speedy trial.  Plus, New York can probably invoke sovereign immunity so they would have to waive that to allow a suit.

I don't know New York law, and I assume you're more educated on this than I, but that sounds odd to me.  I think it's pretty clear what happened to the man goes in violation of federal law if not state law, so wouldn't someone have to take the fall for this?

At the very least I can see a class-action lawsuit come out of this even if those seldom go very far.

Just because there was a violation of his Constitutional rights doesn't mean he can get a damage remedy in a lawsuit.  A state is generally immune from that type of lawsuit.  Perhaps there's some type of 1983 suit that could be brought against a state official, but here that might be a judge.  That seems like it would never work.

[© tweed]

This is insane. 3 years?!?!?

hey man, on the other hand you stood up for drug criminalization.  you reap what you sow, can't have one without the other.

Horse$hit. No one should have to wait three years for their case to be held, regardless of charges. That's a complete strawman.

it's the world created by mass incarceration.  you can argue for increased funding for legal aid and courts and whatnot, but you'll never get the correlation of forces to make it happen without drastically reducing the role of the correctional system.  as I said: a young black man in an NYC prison is nothing but wallpaper.

[Badger]

This is insane. 3 years?!?!?

hey man, on the other hand you stood up for drug criminalization.  you reap what you sow, can't have one without the other.

Horse$hit. No one should have to wait three years for their case to be held, regardless of charges. That's a complete strawman.

it's the world created by mass incarceration.  you can argue for increased funding for legal aid and courts and whatnot, but you'll never get the correlation of forces to make it happen without drastically reducing the role of the correctional system.  as I said: a young black man in an NYC prison is nothing but wallpaper.

Your point, other than "the man is bad", eludes me.

There's no way in hell this kid would've waited near three years in jail for a trial in my county, or anywhere in Ohio thank you. Nor should he have.

[bullmoose88]

Right to speedy trial and a lot of states have procedural rules which can be waived. Constitutional protections too can be waived.  

I feel like there's some more to the story for this to take 3 years. Unless there was some real malfeasance. Which is possible.  

Edit: for example Pa.R.Crim.Pro. 600.

[bedstuy]

Right to speedy trial and a lot of states have procedural rules which can be waived. Constitutional protections too can be waived. 

I feel like there's some more to the story for this to take 3 years. Unless there was some real malfeasance. Which is possible. 

The Bronx Supreme Court has a huge backlog.  There are a ton of reason for it.  The DA's office is dysfunctional.  The judges are under-qualified and inefficient.  There aren't enough public defenders.  And, just generally, the Bronx is the redheaded step-child of NYC.  It's largely Hispanic, black and low-income so there is an over-abundance of crime and an under-abundance of political clout to get the situation fixed.