Trial In New Orleans Research Paper

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Physically, Hurricane Katrina devastated New Orleans, but more then that, it destroyed the Justice system. The government can surely find reasons to explain the struggle of evacuating millions and rescuing thousands. Yet to keep thousands of innocent people in stuck in a jail cell for months, or even over a year? That is inexcusable, but its just what they did, and they were innocent. For in the American legal system all people are innocent until proven guilty. Yet people were never given this chance, as they were never even given a trial, which is guaranteed in the constitution. The sixth amendment to the United States Constitution states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, …show more content…

According to Ellard, for a misdemeanor people have forty-five days to be indicted, and 60 days to be indicted for felonies. Yet, in New Orleans, prisoners were kept for an average of 385 days without even be arraigned. Unquestionably at least some people were kept in jail for a year without any due process. It is almost a hard to believe the number that people were kept in jail for this long unconstitutionally. It is a disgrace to civil rights. Yet if this time is passed, legally the case should be thrown out and the people set free as legally they can no longer be held in jail. Yet this was not the case. According to Simmons, people were kept in jail waiting to be charged longer then they would have actually been charged for. For minor infractions people were kept in jail for months. According to Garrett and Tetlow, “Most were arrested for petty offenses such as public drunkenness, reading tarot cards without a permit, or failure to pay traffic tickets, and …show more content…

Due to the hurricane, following this became a mess. Most of the attorneys in New Orleans became displaced due to the hurricane. The effect of this, is all there clients still in New Orleans were left with their lawyer. The law offices in New Orleans had become flooded, making it difficult for an attorney to work if if they had tried. Documents were lost and they struggled to find new offices. Thus many people were forced to turn to government provided attorneys. This became a problem, since, according to Ellard, due to the lack of income from parking fines from the hurricane, the public defenders lawyers had been cut to only six. They could not afford more. The state had no other way of raising the money. Six lawyers cannot and were not able to hand the massive load of awaiting trials due to the hurricane causing a massive backlog of cases. Government inefficiencies were enormous. The prosecutors were hurt to. Since they had the burden of proof to prove someone guilty, they lost a lot of evidence. It took such a long time that witnesses memories began to fade and their testimonies became unreliable and unable to be used in a court of law. People who have been proved guilty were let go because it had taken too long to get them to

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