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by glitcher 1320 days ago
Can anyone help explain how things like this have not been changed yet due to the direct violations of the constitution? What happened to: 1) right to a speedy trial, 2) innocent until proven guilty, 3) no cruel and unusual punishment?

It seems to me the criminal justice system is openly and flagrantly violating the constitution, and has been for a long time.

2 comments

Right, pretrial detention is clearly already at odds with the constitution, specifically "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". Your person has been seized without conviction.

Eliminating pretrial detention would force prosecutors to ensure the right to a speedy trial if, in fact, the accused is dangerous.

SCOTUS doesn't care.

https://www.theguardian.com/law/2022/may/23/us-supreme-court...

> In a 6 to 3 ruling, the newly-dominant rightwing majority of the nation’s highest court barred federal courts from hearing new evidence that was not previously presented in a state court as a result of the defendant’s ineffective legal representation.

If they're comfortable executing innocents, they're unlikely to care about timely trials.