ext_1915 ([identity profile] indusnm.livejournal.com) wrote in [personal profile] panik 2008-10-26 02:35 pm (UTC)

They would be in jail, which is run by local governmnet and is for either people who have not been convicted or those who are guilty of misdemeanors or first-timers, so less serious offenders. As a result, jails tend to be more geared towards release than prisons are. 10s of thousands of people could go through a jail in a year because some are there for hours and some for months. While there are accounts of abuse and neglect, there are also generally some activities and substance abuse programs that some jails use to keep prisoners busy.

Okay, time for trial is a big issue and depends on the state. You have the right to a speedy trial but only defendants who have a lot of confidence that they are nnocent and their evidence is conclusive will actually take that. Or ones who just want to get it over with but then why not just cop to a guilty plea. And once that right is waived, depends on state statute. But most of those statute have exceptions for serious crimes like murder- need more time to be sure.

I think both sides can request a psychiatric exam and the judge rules- the judge can also order one. BUT, if the defendant or his lawyers don't want it, there may be a rule that he doesn't have to violate his fifth amendment rights and answer any questions that may incriminate himself.

For their own protection- generally have to show some evidence of threat. I think the prisoner's lawyers would request it and I think the DA could authorize it- maybe even a sheriff. It's considered torture by human rights groups because it can be up to 23 hours a day with no contact. I know if you get solitary because you ARE a threat, you don't get any entertainment either, but the rules might be different if its voluntary


Post a comment in response:

This account has disabled anonymous posting.
If you don't have an account you can create one now.
HTML doesn't work in the subject.
More info about formatting