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Update: NYC Teen who was jailed 3 years without trial, 2 in solitary kills self
Posted on 10/1/14 at 12:12 pm
Posted on 10/1/14 at 12:12 pm
New Yorker Magazine
Gothamist
In other words, prosecutors kept him in jail pretrial until he could get out for time served- if he plead guilty. This story is all kinds of fricked up.
ETA- UPDATE- Browser has committed suicide after getting out of jail. Terrible.
LINK
Gothamist
quote:
Browder was finally released in May 2013, after the Bronx District Attorney's office dismissed his case due to lack of evidence. During his time at Rikers' Robert N. Davoren Complex (RNDC), Browder spent a considerable amount of time in solitary confinement and became suicidal; since his release, he has been hospitalized in a psychiatric ward and had significant difficulty finding employment
quote:
For a defendant who is in jail, the more a case drags on the greater the pressure to give up and plead guilty. By early 2012, prosecutors had offered Browder a deal—three and a half years in prison in exchange for a guilty plea. He refused. “I want to go to trial,” he told O’Meara, even though he knew that if he lost he could get up to fifteen years in state prison.
In other words, prosecutors kept him in jail pretrial until he could get out for time served- if he plead guilty. This story is all kinds of fricked up.
ETA- UPDATE- Browser has committed suicide after getting out of jail. Terrible.
LINK
This post was edited on 6/8/15 at 1:57 pm
9
Posted on 10/1/14 at 12:13 pm to NYNolaguy1
Trust me, we don't have a prison complex, these people deserve this kind of thing.
This post was edited on 10/1/14 at 12:15 pm
Posted on 10/1/14 at 12:14 pm to NYNolaguy1
sounds like a big pay day for the teen and a lawyer
Posted on 10/1/14 at 12:14 pm to NYNolaguy1
looks like he is guilty of something
Posted on 10/1/14 at 12:15 pm to The Third Leg
quote:
Trust me, we don't have a prison complex, these people deserve this kind of thing
sentencing in this nation is fricked up.
The way they can just hold people and impose impossible bonds.
Posted on 10/1/14 at 12:15 pm to NYNolaguy1
Really fricked up that the 6th amendment has been thrown out. Is the prosecutor going to face charges for denying him his right?
Posted on 10/1/14 at 12:16 pm to colorchangintiger
What about the fourth amendment?
Posted on 10/1/14 at 12:18 pm to The Third Leg
quote:
What about the fourth amendment?
I don't see where it applies in this case.
Posted on 10/1/14 at 12:19 pm to colorchangintiger
quote:
Is the prosecutor going to face charges for denying him his right?
I really doubt it.
Posted on 10/1/14 at 12:23 pm to NYNolaguy1
So much for a speedy trial.
Posted on 10/1/14 at 12:25 pm to NYNolaguy1
When I was charged with DUI in BR it took 2.5 years for the case to reach a conclusion of not guilty.
Posted on 10/1/14 at 12:28 pm to colorchangintiger
Arrests and Other Detentions.—That the Fourth Amendment was intended to protect against arbitrary arrests as well as against unreasonable searches was early assumed by Chief Justice Marshall56 and is now established law.57 At common law, warrantless arrests of persons who had committed a breach of the peace or a felony were permitted,58 and this history is reflected in the fact that the Fourth Amendment is satisfied if the arrest is made in a public place on probable cause, regardless of whether a warrant has been obtained.59 However, in order to effectuate an arrest in the home, absent consent or exigent circumstances, police officers must have a warrant.60 The Fourth Amendment applies to "seizures" and it is not necessary that a detention be a formal arrest in order to bring to bear the requirements of warrants or probable cause in instances in which warrants may be forgone.61 Some objective justification must be shown to validate all seizures of the person,* including seizures that involve only a brief detention short of arrest, although the nature of the detention will determine whether probable cause or some reasonable and articulable suspicion is necessary.
LINK
LINK
Posted on 10/1/14 at 12:29 pm to The Third Leg
gotcha. Yeah, that's on the police officers. You can't just arrest people because a random person says they robbed and beat him. Gotta have some evidence.
Posted on 10/1/14 at 12:34 pm to colorchangintiger
This is the beauty of the prison complex. Laws written by beneficiaries, for beneficiaries.
quote:
The Bronx courts are so clogged that when a lawyer asks for a one-week adjournment the next court date usually doesn’t happen for six weeks or more. As long as a prosecutor has filed a Notice of Readiness, however, delays caused by court congestion don’t count toward the number of days that are officially held to have elapsed. Every time a prosecutor stood before a judge in Browder’s case, requested a one-week adjournment, and got six weeks instead, this counted as only one week against the six-month deadline. Meanwhile, Browder remained on Rikers, where six weeks still felt like six weeks—and often much longer.
Posted on 10/1/14 at 12:50 pm to NYNolaguy1
If you've ever been in jail, you'd know this happens a lot more frequently than people think. Most of the time, the punishment for pleading guilty is less than the time someone would spend in jail fighting the charges, so most people just plead guilty if they can't bond out
There are a few other TD'ers that can attest to this also
There are a few other TD'ers that can attest to this also
This post was edited on 10/1/14 at 12:52 pm
Posted on 10/1/14 at 12:51 pm to Hammertime
quote:
For a defendant who is in jail, the more a case drags on the greater the pressure to give up and plead guilty. By early 2012, prosecutors had offered Browder a deal—three and a half years in prison in exchange for a guilty plea. He refused. “I want to go to trial,” he told O’Meara, even though he knew that if he lost he could get up to fifteen years in state prison. Stories circulate on Rikers about inmates who plead guilty to crimes they didn’t commit just to put an end to their ordeal, but Browder was determined to get his day in court. He had no idea how rare trials actually are. In 2011, in the Bronx, only a hundred and sixty-five felony cases went to trial; in three thousand nine hundred and ninety-one cases, the defendant pleaded guilty.
This post was edited on 10/1/14 at 12:53 pm
Posted on 10/1/14 at 12:55 pm to Hammertime
quote:
There are a few other TD'ers that can attest to this also
I can attest
Posted on 10/1/14 at 1:01 pm to biglego
Why so many lawyers on TV yet nobody helps this dude?
Posted on 10/1/14 at 1:27 pm to LoveThatMoney
Gotta assert the right to a speedy trial. It isn't enforced passively, even if it is codified.
Posted on 10/1/14 at 1:52 pm to emanresu
Fixing to get paid!!!
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