{"id":30737,"date":"2022-04-14T11:48:17","date_gmt":"2022-04-14T11:48:17","guid":{"rendered":"https:\/\/cjstudents.com\/?p=30737"},"modified":"2022-04-14T11:48:17","modified_gmt":"2022-04-14T11:48:17","slug":"incarcerated-people-forced-to-wait-for-trials-as-san-francisco-backlog-balloons-san-francisco","status":"publish","type":"post","link":"https:\/\/cjstudents.com\/index.php\/2022\/04\/14\/incarcerated-people-forced-to-wait-for-trials-as-san-francisco-backlog-balloons-san-francisco\/","title":{"rendered":"Incarcerated people forced to wait for trials as San Francisco backlog balloons | San Francisco"},"content":{"rendered":"<p> [ad_1]<\/p>\n<div>\n<p class=\"dcr-xry7m2\">More than two years since the start of the Covid-19 pandemic, nearly a quarter of incarcerated people awaiting their day in court in <a target=\"_blank\" href=\"https:\/\/www.theguardian.com\/us-news\/san-francisco\" data-component=\"auto-linked-tag\" data-link-name=\"in body link\" rel=\"noopener\">San Francisco<\/a> county are being held beyond their original trial deadlines, with some individuals waiting for years for their cases to be heard.<\/p>\n<p class=\"dcr-xry7m2\">In June 2020, in the early months of the pandemic, 68 people were incarcerated in the county past their original trial deadlines, according to data from the public defender. By January 2022, the latest data available, that number had grown to nearly 250. Hundreds more are awaiting trial out of custody.<\/p>\n<p class=\"dcr-xry7m2\">California state law stipulates that those accused of crimes are entitled to a speedy trial \u2013 30 to 60 days following their arraignment, depending on the nature of the crime. But backlogs in the court system, made worse by the pandemic, have obliterated those deadlines, often at significant cost to the mental health and wellbeing of those imprisoned, and their loved ones.<\/p>\n<aside class=\"dcr-1x8p67f\"><svg viewbox=\"4 4 24 16\" class=\"dcr-knbk2a\"><path d=\"M9.2776 8H14.0473C13.4732 12.5489 12.9653 17.0095 12.7445 22H4C4.79495 17.142 6.4511 12.5489 9.2776 8ZM20.3852 8H25.0887C24.5808 12.5489 24.0067 17.0095 23.7859 22H15.0635C15.9688 17.142 17.5587 12.5489 20.3852 8Z\"\/><\/svg><\/p>\n<blockquote class=\"dcr-1u4hpl4\"><p>These aren\u2019t even people who have been convicted of a crime. They\u2019re just awaiting their day in court<\/p><\/blockquote>\n<footer><cite class=\"dcr-1irn6li\">Public defender Mano Raju<\/cite><\/footer>\n<\/aside>\n<p class=\"dcr-xry7m2\">The problem in the county became so severe that Mano Raju, the San Francisco public defender, filed a lawsuit in September 2021 alleging the city\u2019s superior court is violating people\u2019s constitutional right to a speedy trial.<\/p>\n<p class=\"dcr-xry7m2\">\u201cThese aren\u2019t even people who have been convicted of a crime,\u201d Raju said. \u201cThey\u2019re just awaiting their day in court.\u201d<\/p>\n<p class=\"dcr-xry7m2\">This disproportionately affects communities of color. Though Black residents comprise 6% of San Francisco\u2019s total population, they make up about 45% of the county jail population.<\/p>\n<p class=\"dcr-xry7m2\">\u201cOur clients are largely poor and from communities of color, so when their rights are trampled there isn\u2019t always the outcry there would be if this was happening to people from another community,\u201d said Raju.<\/p>\n<p class=\"dcr-xry7m2\">Robert Brewer said the long wait showed the criminal justice system\u2019s unfairness. It has taken a toll on his health and put his life on hold.<\/p>\n<p class=\"dcr-xry7m2\">\u201cYou\u2019re supposed to be innocent until proven guilty, but you\u2019re treated as if you\u2019ve already been sentenced,\u201d he said.<\/p>\n<p class=\"dcr-xry7m2\">Brewer was found not guilty of a homicide charge in May 2021 following a trial, after being held for more than five months past his original trial date. But since his release, the experience of incarceration has continued to affect his mental health.<\/p>\n<p class=\"dcr-xry7m2\">\u201cBeing released is not as joyful as you might expect,\u201d Brewer said. \u201cYou come out of this hole with very little human contact. You make it out, but you leave a big piece of yourself in jail.\u201d<\/p>\n<p class=\"dcr-xry7m2\">In his lawsuit, Raju points to the lingering effects of case backlogs on individuals\u2019 mental health and the county jail\u2019s treatment of incarcerated people during Covid-19 lockdowns to argue the court should do more to address the backlogs. Some people who have been incarcerated told the Guardian they were allowed out of their cells for less than an hour a day during outbreaks of the virus.<\/p>\n<p class=\"dcr-xry7m2\">Brewer said he was only allowed to shower every two to three days before returning to his cell, after a cellmate contracted Covid. Solitary confinement and social isolation have been strongly linked to negative impacts on mental health, including a heightened risk of suicide.<\/p>\n<figure id=\"94e5012f-3b4d-4750-9c89-347fb95c6962\" data-spacefinder-role=\"richLink\" data-spacefinder-type=\"model.dotcomrendering.pageElements.RichLinkBlockElement\" class=\" dcr-1mfia18\"><gu-island name=\"RichLinkComponent\" deferuntil=\"idle\" props=\"{&quot;richLinkIndex&quot;:14,&quot;element&quot;:{&quot;_type&quot;:&quot;model.dotcomrendering.pageElements.RichLinkBlockElement&quot;,&quot;url&quot;:&quot;https:\/\/www.theguardian.com\/us-news\/2022\/apr\/08\/los-angeles-jail-sheriffs-department-violence-accusation&quot;,&quot;text&quot;:&quot;LA jail guards routinely punch incarcerated people in the head, monitors find&quot;,&quot;prefix&quot;:&quot;Related: &quot;,&quot;role&quot;:&quot;richLink&quot;,&quot;elementId&quot;:&quot;94e5012f-3b4d-4750-9c89-347fb95c6962&quot;},&quot;ajaxUrl&quot;:&quot;https:\/\/api.nextgen.guardianapps.co.uk&quot;,&quot;format&quot;:{&quot;display&quot;:0,&quot;theme&quot;:0,&quot;design&quot;:0}}\"\/><\/figure>\n<p class=\"dcr-xry7m2\">The San Francisco sheriff\u2019s department, which manages the jail, said it followed practices recommended by health officials in keeping custody officers and jail residents safe. The department acknowledged incarcerated people were sometimes held in their cells for upwards of 23 hours a day, citing a variety of reasons such as \u201csocial distancing protocols, quarantine protocols, isolation protocols, disciplinary action, administrative segregation, and staffing shortages\u201d.<\/p>\n<p class=\"dcr-xry7m2\">Raju said: \u201cSolitary-like conditions mean you can\u2019t leave a cell, often one where you can reach out your arms and touch the walls, for more than one hour per day. This can have a strong psychological impact.\u201d<\/p>\n<p class=\"dcr-xry7m2\">Kwixuan Maloof, a San Francisco deputy public defender, says that a trial deadline can serve as a source of stability and encourages people to resist the temptation to accept a plea bargain, which often involves pleading guilty and avoiding a trial in exchange for the possibility of more lenient sentencing or a charge being downgraded.<\/p>\n<p class=\"dcr-xry7m2\">But without that guarantee, the pressure to accept a bargain goes up, even for those who believe they have a strong chance of being exonerated in court. \u201cIt\u2019s very frustrating for me, and ten times more so for my clients, when they ask me when their trial is going to start and all I can say is \u2018I don\u2019t know,\u2019\u201d said Maloof. \u201cIn those circumstances, it becomes very easy to say: \u2018You know what, I\u2019m done. I\u2019m going to take whatever deal they offer me.\u2019\u201d<\/p>\n<h2>\u2018I can hear the light leaving my son\u2019<\/h2>\n<p class=\"dcr-xry7m2\">Prior to the pandemic, court backlogs were far from unheard of in the US. But an August <a target=\"_blank\" href=\"https:\/\/legal.thomsonreuters.com\/content\/dam\/ewp-m\/documents\/legal\/en\/pdf\/white-papers\/covid-court-report_final.pdf?form=thankyou&amp;gatedContent=%252Fcontent%252Fewp-marketing-websites%252Flegal%252Fgl%252Fen%252Finsights%252Freports%252Fimpacts-of-the-pandemic-on-state-local-courts\" data-link-name=\"in body link\" rel=\"noopener\">2021 study<\/a> by the Thomson Reuters Institute found that the pandemic had substantially increased such backlogs nationwide, as trials were indefinitely delayed during surges of the virus and courts struggled to adapt to virtual operations.<\/p>\n<p class=\"dcr-xry7m2\">According to the judicial council of California, the clearance rate for criminal trials statewide has dropped by around 20% during the pandemic. As restrictions start to ease, success at alleviating the backlogs has been mixed as different municipalities experiment with varying approaches.<\/p>\n<p class=\"dcr-xry7m2\">Matt Malone, a public information officer with the Contra Costa county superior court, said that through a number of initiatives, the court had brought its case backlog from 104 in March 2021 to 51 in March 2022. If not for the suspension of jury trials during the Omicron surge, Malone notes, the backlog would probably have been even lower.<\/p>\n<figure id=\"8df1e106-579d-4a50-a714-74814e7959a2\" data-spacefinder-role=\"richLink\" data-spacefinder-type=\"model.dotcomrendering.pageElements.RichLinkBlockElement\" class=\" dcr-1mfia18\"><gu-island name=\"RichLinkComponent\" deferuntil=\"idle\" props=\"{&quot;richLinkIndex&quot;:23,&quot;element&quot;:{&quot;_type&quot;:&quot;model.dotcomrendering.pageElements.RichLinkBlockElement&quot;,&quot;url&quot;:&quot;https:\/\/www.theguardian.com\/us-news\/2022\/apr\/11\/us-bureau-prisons-job-ad-mental-illness&quot;,&quot;text&quot;:&quot;Job ad for US bureau of prisons highlights patients\u2019 mental illness as recruiting tool&quot;,&quot;prefix&quot;:&quot;Related: &quot;,&quot;role&quot;:&quot;richLink&quot;,&quot;elementId&quot;:&quot;8df1e106-579d-4a50-a714-74814e7959a2&quot;},&quot;ajaxUrl&quot;:&quot;https:\/\/api.nextgen.guardianapps.co.uk&quot;,&quot;format&quot;:{&quot;display&quot;:0,&quot;theme&quot;:0,&quot;design&quot;:0}}\"\/><\/figure>\n<p class=\"dcr-xry7m2\">Malone added the county had taken steps to adapt to social distancing requirements, such as making sure remote capabilities were \u201ctremendously expanded\u201d, staggering jury calls, and installing air filtration systems in courtrooms.<\/p>\n<p class=\"dcr-xry7m2\">Rose Marie Sims, a plaintiff in the legal action filed by Raju against the San Francisco superior court, said her son Christopher had been incarcerated for over two years and still had not received a trial.<\/p>\n<p class=\"dcr-xry7m2\">\u201cI can\u2019t believe this is America. I love this country, but the judicial system seems to have lost its mind,\u201d said Sims. \u201cHow do you keep someone locked up like that without giving them their trial? Every time I talk with my son on the phone, I can hear the light leaving him.\u201d<\/p>\n<p class=\"dcr-xry7m2\">Sims said her son had lost his fiancee and job and would need to start over.<\/p>\n<p class=\"dcr-xry7m2\">\u201cHe\u2019s lost everything,\u201d she said. \u201cIt\u2019s traumatizing as a parent.\u201d<\/p>\n<p class=\"dcr-xry7m2\">The public defender\u2019s office, as well as the San Francisco district attorney, have called on the San Francisco superior court to make more rooms available for criminal trials in the civic center courthouse.<\/p>\n<p class=\"dcr-xry7m2\">In February of this year, Raju filed a petition in the California courts of appeal asking that the San Francisco court be forced to take steps to prioritize criminal trials. The Contra Costa county superior court, where Raju filed his original lawsuit in September, had concluded it did not have authority over the San Francisco superior court.<\/p>\n<p class=\"dcr-xry7m2\">A spokesperson for San Francisco superior court said the court was committed to justice and \u201cprocessing all cases as expeditiously as possible under the difficult circumstances presented by the pandemic.\u201d<\/p>\n<p class=\"dcr-xry7m2\">But Raju disagrees and said more needed to be done to process cases swiftly.<\/p>\n<p class=\"dcr-xry7m2\">\u201cHow long it will take to address the backlog depends on what the court is willing to do,\u201d he said. \u201cThere is a lack of urgency.\u201d<\/p>\n<p><span class=\"dcr-tnv6gn\"><\/p>\n<footer>\n<p><span data-dcr-style=\"bullet\"\/> In the US, the <a target=\"_blank\" href=\"https:\/\/suicidepreventionlifeline.org\/\" data-link-name=\"in body link\" rel=\"noopener\">National Suicide Prevention Lifeline<\/a> is at 800-273-8255 and <a target=\"_blank\" href=\"https:\/\/suicidepreventionlifeline.org\/chat\/\" data-link-name=\"in body link\" rel=\"noopener\">online chat is also available<\/a>. You can also text HOME to 741741 to connect with a crisis text line counselor. In the UK and Ireland, <a target=\"_blank\" href=\"https:\/\/www.samaritans.org\/\" data-link-name=\"in body link\" rel=\"noopener\">Samaritans<\/a> can be contacted on 116 123 or email <a target=\"_blank\" href=\"https:\/\/www.theguardian.com\/us-news\/2022\/apr\/14\/mailto:jo@samaritans.org\" data-link-name=\"in body link\" rel=\"noopener\">jo@samaritans.org<\/a> or <a target=\"_blank\" href=\"https:\/\/www.theguardian.com\/us-news\/2022\/apr\/14\/mailto:jo@samaritans.ie\" data-link-name=\"in body link\" rel=\"noopener\">jo@samaritans.ie<\/a>. In Australia, the crisis support service <a target=\"_blank\" href=\"https:\/\/www.lifeline.org.au\/\" data-link-name=\"in body link\" rel=\"noopener\">Lifeline<\/a> is 13 11 14. Other international helplines can be found at <a target=\"_blank\" href=\"http:\/\/www.befrienders.org\/\" data-link-name=\"in body link\" rel=\"noopener\">www.befrienders.org<\/a><\/p>\n<\/footer>\n<p><\/span><\/div>\n<p>[ad_2]<br \/>\n<br \/><a href=\"https:\/\/www.theguardian.com\/us-news\/2022\/apr\/14\/san-francisco-jails-trial-delays-dates\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>[ad_1] More than two years since the start of the Covid-19 pandemic, nearly a quarter&#8230;<\/p>\n","protected":false},"author":1,"featured_media":30738,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27],"tags":[],"class_list":["post-30737","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-careers"],"_links":{"self":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/30737","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/comments?post=30737"}],"version-history":[{"count":1,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/30737\/revisions"}],"predecessor-version":[{"id":30739,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/30737\/revisions\/30739"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media\/30738"}],"wp:attachment":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media?parent=30737"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/categories?post=30737"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/tags?post=30737"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}