Thursday, August 4, 2011

Slow wheels of justice revisited

In speaking of the slow wheels of justice, which included a reference to 10 month old DUI's in Sessions Court in Nashville, I did not mean to criticize the Nashville DA's office in any way. That office like the office in Memphis, Knoxville and Chattanooga diligently handles thousands of DUI cases per year. So far this year the Nashville office has closed 2, 262 DUI cases.
We don't win them all. Things happen. For instance one former Nashville DUI officer is facing felony charges and he will not be called as a witness in cases in which he made the arrest.
My point was and is that one aspect of our efforts as prosecutors must be to do what we can to prevent unneccessary delay. In Hamilton County more than one lawyer took pride in trying to make cases last two or three years. One lawyer would tell his client they would have to plead guilty, but he would tell them when. Then if an officer was killed, retired or got fired, he would strut into court to collect his dismissal. Delay benefits the defense. We simply have to monitor it and try to prevent it.
I believe prosecutors know that. I don't know how many other people realize it. Some things posted here are for the benefit of people who have never been prosecutors. There are way too many DUI crimes committed and prosecutors have the burden of trying to convict the guilty to protect the public. It is a hard job and we should always honor all who perform this mission on a daily basis.

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