The parents of Oxford High school shooter Ethan Crumbley have remained jailed for more than a year and a half, held on bonds some argue are excessive and politically motivated.
While there is a Constitutional right to a speedy trial, the length of time the Crumbleys have spent in jail awaiting resolution of their case has been prolonged by legal challenges and appeals.
“It seems like every other decision is getting challenged, so that slows this process down as well,” said former Wayne County Circuit Judge Vonda Evans, who presided over criminal cases in Detroit for 22 years. “You can’t have it both ways.
“As a retired judge, have I seen people get charged with what they got charged and much less bonds?” Evans said. “Absolutely, but this is a high-profile case … that really rocked the city.
“The prosecutor said they were trying to flee from the very beginning and I think the greatest fear of any judge is to release somebody on a bond they can meet and they don’t come back.”
The Crumbleys have no significant criminal or violent history, although they are accused of attempting to flee after Oakland County Prosecutor Karen McDonald issued charges on Dec. 3, 2021.
I am not disagreeing with you, but you also have to think, maybe the system is designed in such a way that all trials are made to take up as much time. The prosecutors need to build a case, but it seems it’s part of the legal proceeding instead of done before that. That means they can arrest someone that they think do it, and continue to work on the case.
Yes there’s multiple legal challenges and appeals but all of those are now required as part of the legal process. Imagine if you’re a prosecutor, and the client says he wants a speedy trial, but you know you need an extra two or three weeks, you make an accident that means they have to go to the appeals court. Now you get your two or three weeks.
It’s not that straight forward, but the idea of a “Speedy trial” doesn’t feel like it exists in moden America because a good lawyer knows that the appeals process may need to happen.
Personal story My daughter was caught “Stoned” at a school dance… The vice principal took her over to the police, (That fucking bitch and we’ll see why). The police did a sobriety test, Concluded she was under the influence. Suspended for a week from school for it, arrested, we had to go get her.
So my wife and I didn’t know, we saw all those “no one knows what their kids are doing” So we went and got her drug tested for marijuana thinking it was that. That’s what she was suspended for. Conclusive proof no, she was not on it. She wasn’t drunk, she wasn’t high… Went to the school with that, school upheld their suspension. It took more than a week, and multiple visits up the school chain including the super intendent and the board. Finally they shut the shit down, chastise the school for not repealing the suspension, and removed it from her record. This was two months later. But my daughter was already outed in front of everyone for this, she lost a week from school (honestly I’d say she never really recovered from that, went home school next semester, in the next 2.5 years, graduated with a Associates two weeks before her high school graduations, so proud of here).
The court case though hung over us for 6 months. We had conclusive evidence she was not on Marijuana. But here’s the thing, if the state wanted to be a dick they still could have tried her and said “Some substance”. We wanted a speedy resolution, 6 months this was on all our minds. Lawyer said it’d be dropped, but you know… until it’s dropped we can’t relax. Finally case dismissed ultimately, we had to pay 3-7k (Can’t remember) to a lawyer (Friend of a friend, thank god we had no idea who to go to). And everything was finally resolved. Lucky to know that lawyer, lucky we had proof, lucky we trusted our daughter (Ok admittedly not fully at first). And that is why that vice principal is a fucking bitch, because she tried to criminalize our daughter and almost ruined her academic career. She still tenses up around police (Which admittedly may be the right thing to do)
I’m not the guy you originally responded to, but I was saying the points your making are an issue, and “This isn’t a conversation” seriously, wtf is wrong with you?
FWIW, a speedy trial is mostly bullshit and negated now through Amendment 14 due to Due Process. There’s a lot of jargon when it applies to this shit though but the highlights are below. Most people waive their right to a speedy trial due to evidence collection, finding a jury that’s unbiased, and so many other things. Particularly for high profile cases.
Length of delay. The Court did not explicitly rule that any absolute time limit applies. However, it gave the example that the delay for “ordinary street crime is considerably less than for a serious, complex conspiracy charge.”
Reason for the delay. The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness or other practical considerations (e.g., change of venue).
Time and manner in which the defendant has asserted his right. If a defendant agrees to the delay when it works to his own benefit, he cannot later claim he has been unduly delayed.
Degree of prejudice to the defendant which the delay has caused.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…
Talking about bond levels seems to be asking the wrong question.
Since you didn’t read the article…
I am not disagreeing with you, but you also have to think, maybe the system is designed in such a way that all trials are made to take up as much time. The prosecutors need to build a case, but it seems it’s part of the legal proceeding instead of done before that. That means they can arrest someone that they think do it, and continue to work on the case.
Yes there’s multiple legal challenges and appeals but all of those are now required as part of the legal process. Imagine if you’re a prosecutor, and the client says he wants a speedy trial, but you know you need an extra two or three weeks, you make an accident that means they have to go to the appeals court. Now you get your two or three weeks.
It’s not that straight forward, but the idea of a “Speedy trial” doesn’t feel like it exists in moden America because a good lawyer knows that the appeals process may need to happen.
Personal story My daughter was caught “Stoned” at a school dance… The vice principal took her over to the police, (That fucking bitch and we’ll see why). The police did a sobriety test, Concluded she was under the influence. Suspended for a week from school for it, arrested, we had to go get her.
So my wife and I didn’t know, we saw all those “no one knows what their kids are doing” So we went and got her drug tested for marijuana thinking it was that. That’s what she was suspended for. Conclusive proof no, she was not on it. She wasn’t drunk, she wasn’t high… Went to the school with that, school upheld their suspension. It took more than a week, and multiple visits up the school chain including the super intendent and the board. Finally they shut the shit down, chastise the school for not repealing the suspension, and removed it from her record. This was two months later. But my daughter was already outed in front of everyone for this, she lost a week from school (honestly I’d say she never really recovered from that, went home school next semester, in the next 2.5 years, graduated with a Associates two weeks before her high school graduations, so proud of here).
The court case though hung over us for 6 months. We had conclusive evidence she was not on Marijuana. But here’s the thing, if the state wanted to be a dick they still could have tried her and said “Some substance”. We wanted a speedy resolution, 6 months this was on all our minds. Lawyer said it’d be dropped, but you know… until it’s dropped we can’t relax. Finally case dismissed ultimately, we had to pay 3-7k (Can’t remember) to a lawyer (Friend of a friend, thank god we had no idea who to go to). And everything was finally resolved. Lucky to know that lawyer, lucky we had proof, lucky we trusted our daughter (Ok admittedly not fully at first). And that is why that vice principal is a fucking bitch, because she tried to criminalize our daughter and almost ruined her academic career. She still tenses up around police (Which admittedly may be the right thing to do)
“speedy trial”… That shit don’t exist, my friend.
This isn’t a conversation, you asked a question the article you didn’t read answered so I posted the relevant part.
I’m not the guy you originally responded to, but I was saying the points your making are an issue, and “This isn’t a conversation” seriously, wtf is wrong with you?
Grow up.
Defendants can waive their right to a speedy trial. We don’t typically make defendants go to trial when they aren’t ready to.
FWIW, a speedy trial is mostly bullshit and negated now through Amendment 14 due to Due Process. There’s a lot of jargon when it applies to this shit though but the highlights are below. Most people waive their right to a speedy trial due to evidence collection, finding a jury that’s unbiased, and so many other things. Particularly for high profile cases.
https://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution
https://www.law.cornell.edu/constitution-conan/amendment-6/when-the-right-to-a-speedy-trial-applies
Ain’t that the damned truth.