YOWSAS! New Hampshire To Suspend Jury Trials! Reason: They Can't Afford Them!

[BlooInBloo]

That's some fucked up shit.

http://www.eschatonblog.com/2008_12_21_archive.html#590611427372048200

Financially strapped New Hampshire has become a poster child for the problem. Among other cost-cutting measures, state courts will halt for a month all civil and criminal jury trials early next year to save $73,000 in jurors' per diems. Officials warn they may add another four-week suspension.

[lonestarnot]

1. Oh yeah! Step right up and be the first to suspend justice!

[Bill McBlueState]

2. If they need $73,000,

a pretty tiny income tax would deliver that. But no, they have to live free or die up there.

[BlooInBloo]

3. Heh. Agreed that their glibertarianism is getting the best of them....

But there are also matters not wholly up to them that also play a large role.

[Warren Stupidity]

15. We pay plenty in taxes already, thanks.

We have some of the highest property taxes in the nation because we, for idiotic historical reasons, refuse to have an income tax or a retail sales tax. An additional income tax would just add insult to injury. Replacing some or all of the property tax with an income tax would be fine with me, but would not solve our budget problem.

I hadn't noticed how states with income taxes were avoiding the state government economic crisis. Instead it seems to be pretty much across the board.

[Jennicut]

26. I still don't get why NH refuses to have an income tax

I am from CT and my father in law lives in NH. We have this argument all the time. Its going to cost people there in the long run anyways. But you are right, all states are having problems. We are here too.

[Warren Stupidity]

29. So if I remember correctly (always a problem)

Mel Thompson was responsible for this crap, abolishing state sales and income taxes, from which sprang the pledge. All of this was nearly 40 years ago.

In 1999, Shaheen, the Democratic governor (now our new Senator,) vetoed an income tax law passed by the Republican legislature (now gone totally Democratic), an act of political cowardice and expediency, that would have resolved our interminable school funding equity crisis. That and her similar rejection of a repeal of the death penalty caused me serious hesitation at the ballot box last november. Of course the other choice was the more depraved Sununununununununu, so it was only a slight hesitation.

[Turbineguy]

4. De-regulated

free-market based justice.

Apparently they do not have too many crooked stockbrokers in Cow-Hamster.

[Dogtown]

5. if they wd stop

prosecuting marajuana users, they'd probably be able to afford to prosecute real criminals...

[Uben]

6. WTF?

Why don't they just make jury duty mandatory....without pay? You get such a small pittance anyway. Who in the fuck do they pay to come up with this shit?

[TechBear_Seattle]

7. What happens if a state willfully ignores the US Constitution?

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.... -- Amendment 6, United States Constitution.

By suspending jury trials, New Hampshire runs the risk of either violating the right to a speedy trial or of violating the right to a trial by an impartial jury or both.

[BlooInBloo]

8. I don't know, but I doubt "can't afford it" counts as "willfully"...

Nevertheless, willful or no, this situation is problematic and untenable.

#1: Cancel all orders of tasers for NH cops. That should save a pretty penny.

[TechBear_Seattle]

10. I wasn't aware that our constitutional rights allowed for a poverty exemption

"You have these rights only insofar as the states and the nation are able to pay for them."

[BlooInBloo]

11. Kindly point out where I say they did. Thanks!

[TechBear_Seattle]

18. The state is chosing to shut down jury trials entirely rather than take money from something else

How are budgeting decisions not willful?

[BlooInBloo]

19. (facepalm)

Just to be clear: you're serious, and not joking, right?

[Warren Stupidity]

22. Just to be clear: he's correct.

Postponing jury trials denies your constitutional rights. Lawyers will jump all over this to get their clients released.

[BlooInBloo]

24. I never said it didn't.

I'm really not sure why that's so hard to understand.

[muriel_volestrangler]

25. You cast doubt on it being 'willful'; which the rest of us can't understand

You seem to regard it as some kind of accident, rather than a decision by the state; and since they are saying "we can't afford it", it seems you're making excuses for them. I know you also say it's "problematic and untenable"; but your first claim that is isn't willful has made the greatest impression on us.

[BlooInBloo]

27. Casting doubt on it being "willful" isn't even in the same ballpark as saying it's Constitutional...

I hadn't realized that was difficult to understand. Lesson learned.

[Oak2004]

31. Frankly if we released two thirds of the supposed criminals in America we'd be better off

The last third needs a fully functioning, focused justice system to keep them from harming the rest of us.

[Fumesucker]

9. The same as what happens to most government agencies that violate the Constitution

NOTHING!!!!

[surrealAmerican]

21. Yup. That's the bill of rights they're messing with.

They should take the money from whatever else they may be using it for, and use it to enforce the guaranteed rights of the people.

[Gidney N Cloyd]

12. Seems like a lot of per diem money could be saved simply by keeping trials moving along quicker.

Knock off the Stupid Lawyer Tricks and tell everyone they better be ready for a speedy trial when the damn gavel comes down.

[BlooInBloo]

16. I'm not sure if trading off one part of the Constitution for another is really the best answer.

[depakid]

13. "Live Free or Die"

[Warren Stupidity]

14. Perhaps they should consider ceasing the persecution of

otherwise law abiding folks who grow and or use marijuana. That would cut down on the case load right there.

The farmer up the road from me is a whole bushel of trouble, pun intended, 'cause he had some pot plants growing on his back porch. The state, rather than letting the whole thing slide, appears to be determined to make an example of him and push this through the courts.

[Fumesucker]

17. Your suggestion is eminently rational and will hence be totally ignored by TPTB n/t

[DutchLiberal]

20. Good news! Time to do away with the backward practice that is jury trials.

Do away with jury's. Let the judge make the decision. (That is, unless they are elected, of course. Have to get rid of that first.)

[yardwork]

23. As some of us have been trying to tell you, a country that discriminates against minorities

is probably going to have lots of other problems with justice as well.

[BlooInBloo]

28. It's all Obama's fault.

[yardwork]

30. If you want to believe that, that's your prerogative. It seems very short-sighted to me.

In fact, a downright bizarre assertion, but if that's what you believe...