Administration of Justice Discussion Board – Week 4
Classmate Response #2
3. Of the several consequences of delay, which one do you think is the most important? Which one is least important?
I think the most important consequence is for the defendant. They are to have the right to a speedy trial. If the courts are not meeting the processing standard timelines for various crimes it is putting an undue burden not only on the defendant but the court system itself. Unfortunately there is no magic bullet to fix the processing time. The least important as a whole would have to be the society. I believe this because for the most part society is unaware of the cases that are going through the court system. Because society is not current on all cases it affects society as a whole the least when there are trial delays.
4. In Baker v. Wingo, the U.S. Supreme Court stressed the legitimate reasons for the 16 trial continuances. But is there a danger that prosecutors might illegitimately seek continuances?
There is absolutely a danger that prosecutors would illegitimately seek continuances. It could easily be used as a tactic to apply pressure to the defendant to accept a plea deal rather than go to trial. It could be used effectively against someone that could be innocent or where the the prosecution does not have concrete evidence of the crime. By making the defendant wait a longer and longer time period in jail they might want to accept a deal just for the buildup to the trial to end.
2. Should state attorneys general be given authority to supervise locally elected district attorneys? How would such an increased authority alter the criminal justice system?
I think they should have the authority to supervise locally elected district attorneys. I think it would only benefit the court system as a whole to have a little more oversight. Especially at the local level it can become a game of who you know and those on the outside of the group suffer disproportionately.
3. How much authority should assistant district attorneys be given? As licensed attorneys, should they be given a large amount of discretion to dispose of cases according to their best judgment, or should they have more limited authority so that the office has a uniform policy?
The authority that assistant district attorneys are given should be a balance between the autonomy that many of them seek versus a uniform policy that governs common situations. It is impossible to say which is better overall because both have their strong points, but a mixed balance would be the best outcome for the districts that they are serving.