Senate Journal: Page 65: Tuesday, January 10, 1995

    SPEEDY TRIAL REQUIREMENTS GIVE CRIMINAL CASES PRIORITY TO THE TIME
    AVAILABLE TO THE COURTS.  WITHOUT ADDITIONAL PERSONNEL, WE SOON MAY BE
    FACING UP TO THE PROSPECT OF DEVOTING ALL, OR NEARLY ALL, OF OUR
    JUDICIAL RESOURCES TO CRIMINAL CASES.

         WE CAN ONLY SPECULATE ABOUT WHATS BEHIND THIS SHIFT. BUT AS YOU ALL
    KNOW, PEOPLE ARE FRUSTRATED WITH CRIME. VICTIMS JUSTLY DEMAND THEIR DAY
    IN COURT AND A FRIGHTENED PUBLIC CRIES OUT FOR SWIFT PUNISHMENT OF
    CRIMINALS.

         IN RESPONSE TO THESE CALLS, MORE LAWS ARE PASSED AND LAW
    ENFORCEMENT EFFORTS ARE EXPANDED.  AS A RESULT, MORE AND MORE CASES POUR
    INTO THE COURT SYSTEM.

         SOME OF OUR COURTS ARE SO BUSY WITH CRIMINAL CASES THAT THE WHEELS
    OF JUSTICE ARE SPINNING OUT OF CONTROL.  PLEASE LISTEN TO THIS
    DESCRIPTION OF ONE OF THE BUSIEST COURTS IN IOWA, "JAIL COURT" IN POLK
    COUNTY.  EACH DAY IN A CROWDED ROOM IN THE POLK COUNTY JAIL ONE DISTRICT
    ASSOCIATE JUDGE PRESIDES OVER THE HEARINGS OF PEOPLE ARRESTED AND
    DETAINED THE PREVIOUS NIGHT.  THE LONG PROCESSION OF DEFENDANTS BEGINS
    EARLY IN THE MORNING AND LASTS ALL DAY.  ON A TYPICAL DAY, THE JUDGE
    CONSIDERS THE CASES OF NINETY PRISONERS.  THERE IS NOT THE LUXURY OF
    TAKING TIME TO MAKE A DECISION BASED UPON A THOROUGH INVESTIGATION.
    PEOPLE MUST BE RUSHED THROUGH TO MAKE ROOM IN THE JAIL FOR THE NEXT
    NIGHT AND ALSO TO MEET CONSTITUTIONAL REQUIREMENTS. IN THIS ENVIRONMENT
    THERE IS A TENDENCY FOR CORNERS TO BE CUT AND DEALS TO BE MADE.
    DECISIONS MUST BE QUICKLY RENDERED.

         SWIFT COURT ACTION IS ONE OF THE MOST EFFECTIVE DETERRENTS TO
    CRIME.  BUT AS SOMEONE ONCE SAID, "JUSTICE DELAYED IS JUSTICE DENIED.
    BUT JUSTICE RUSHED IS JUST AS BAD."  WHEN WE ARE FORCED, BECAUSE OF
    LIMITED RESOURCES, TO PUSH CASES THROUGH THE SYSTEM TOO QUICKLY, THE
    FASTEST DISPOSITION METHOD IS PLEA BARGAINING, WHICH AS YOU KNOW RESULTS
    SOMETIMES IN POOR RESULTS.  WE WOULD PREFER A CLIMATE THAT DISCOURAGES
    DEAL MAKING AND RETURN TO A PROCESS BY WHICH OUTCOMES ARE NOT DRIVEN BY
    AN OVERLY CROWDED COURT DOCKET.

         THE GROWING NUMBER OF CHILDREN WITH SERIOUS LEGAL NEEDS IS
    OVERWHELMING OUR JUVENILE COURTS.  THIS YEAR ESPECIALLY THERE HAVE BEEN
    MANY DISTURBING REPORTS OF VIOLENT CRIMES COMMITTED BY JUVENILES.  WHILE
    PUBLIC ATTENTION HAS BEEN FOCUSED ON VIOLENT JUVENILES, LETS NOT FORGET
    THE THOUSANDS OF CHILDREN IN THE COURT SYSTEM WHO ARE THEMSELVES VICTIMS

Iowa General Assembly

Index: Senate Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? sjourn@legis.iowa.gov.

Last update: Sun Jan 14 23:40:00 CST 1996
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