Why they should NOT arrest Michael Brown's killer right away. [View all]

[pnwmom]

Last edited Mon Aug 18, 2014, 07:42 PM - Edit history (1)

Once they indict the shooter or put him into custody, they have only 70-90 days to bring him to trial -- or they lose their opportunity. And that isn't a long time to develop a solid case.

It's better to take the time to fully develop the prosecution's case before they arrest him -- and win the case six months from now -- then to arrest him now and have to rush into a trial in 70 days without an absolutely rock-solid case.

Also, there could well be a Federal case here involving the police violation of civil rights laws; if the murder was based on race, as it strongly appears to be, then the Feds could prosecute. But it would take time to develop that case. For one thing, the police department had a filing system that means previous complaints against the officer aren't all in his personnel file -- they're scattered among the cases he worked on. And the Federal autopsy result aren't in yet. All of this is going to take TIME, and shouldn't be rushed to fit the 70 day deadline.

http://www.justanswer.com/criminal-law/1l0gf-time-limit-missouri-right-speedy-trial.html

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense.

With limited exceptions, a defendant should be brought to trial in Missouri: Within 70 days of your first appearance on an Information or Indictment; If you are in custody, within 90 days following the beginning of custody.