|
They come before the court commissioner by the thousands throughout the course of the year. One defendant after another, having their initial appearance at which the state charges them with a crime. The crimes range from misdemeanors to murder. One defendant after another. Each case takes about four minutes. One defendant after another. A prosecuting attorney and an attorney, often a public defender, square off. The charges are read, and the court commissioner invariably finds that there is enough grounds for them to stand. Then bond recommendations are heard. One defendant after another. We're exaggerating some, but in the most serious cases, it seems that the district attorney's office will try to convince the court commissioner that even though the defendant has lived in the same house for 20 years and has had a steady job for 20 years, he/she is at risk of flight, and should be held on a high cash bond. The defense will argue that even though the defendant has lived in the community for only a week and has never held a steady job, he/she is not at risk of flight, and should be released on a signature bond. One defendant after another. Some defendants are courtroom veterans, while others are appearing for the first time, and are scared. The court commissioner asks each defendant's attorney if his or her client understands what they are being accused of having done, and if they fully understand the conditions of bond.
Each defendant is only one of some 12,000 who will make their initial appearance a year. However, to the victims and their families, and to each defendant and their families, theirs is the only important case of the year. Sometimes families sit in the courtroom and weep, other times, there is no interruption. One defendant after another.
Many defendants charged with serious crimes show no emotion. They sit through the hearing looking as if it is an inconvenience to them. It doesn't matter that they are charged with murder, with having taken a life in a dispassionate moment of cold-blooded action, they look like they could care less with what's going on, and would just as soon get back to their jail cell. One defendant after another.
The court commissioner does not have more than a couple of minutes to review the complaint. There is no time to study it in chambers. The paperwork is piled up, and just keeps coming. One defendant's case folder after another. Bond must be high enough to ensure that the defendant will appear in court, but not so high as to simply keep the defendant in jail without reason.
The system is changing slightly in our county for security reasons. A week ago, a system of videoconferencing was introduced. The in-custody defendants, those who are held in the county jail after their arrest, are no longer be allowed in the courtroom. Instead, they sit in a small conference room in the jail, and appear in the courtroom via a video link. Their only contact with the court commissioner and the prosecutor is via the return link. There is a time lag in the system, so it seems surreal, as people on the respective video monitors sometimes move in herky-jerky motions. One observer likens it to watching the old "Max Headroom" television show.
This is the first step in a long process. What follows are a preliminary hearing at which evidence is presented at a sort of mini-trial, to see if there is enough grounds to bind the defendant over for trial. Then a plea is entered, and a pre-trial conference is scheduled to review the status of the case before trial. Then there are trials, and sometimes appeals. Sentencing hearings follow convictions. They are arduous, as each side makes its best emotional appeal to the judge for either a stiff penalty or a lenient one. Some defendants who maintained their innocence at trial can become remarkably contrite at sentencing. Others continue to maintain their innocence
One defendant after another, and it - our criminal justice system, which has evolved over some 210 years - all starts with a four-minute initial appearance.
Justice. It's a powerful word. That first day in court it all boils down to four minutes .
|
|
Mark
Hertzberg
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Contributor
since 1998
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Behind
the Viewfinder - A Year in the Life of Photojournalism |