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Date: November 25, 2024 Mon
Time: 8:05 pm
Time: 8:05 pm
Results for magistrate courts
1 results foundAuthor: Smith, Alisa Title: Rush to Judgment: How South Carolina's Summary Courts Fail to Protect Constitutional Rights Summary: In response to disturbing stories of constitutional violations uncovered by NACDL and ACLU attorneys documented in 2016's Summary Injustice report (below), NACDL undertook additional investigation of South Carolina's summary courts. Law students and legal professionals gathered information about court proceedings in five South Carolina counties over three months in the winter and spring of 2016, the results of which are published in this follow-up report. Each day, the team observed court hearings in various venues, observing individuals charged with everything from shoplifting to driving offenses to unlawful possession of tobacco and alcohol. In every court studied for this report, the team found egregious, repeated constitutional violations happening daily and in hundreds of cases. In the months of court watching and data collection, researchers documented numerous findings, all of which are set forth in the Rush to Judgment report. Findings from this study and Summary Injustice lead NACDL to suggest the following five recommendations for reform to ensure that South Carolina's courts operate in accordance with constitutional mandates and guarantee procedural justice for those whose lives will forever be altered as a result of a criminal adjudication: Staff South Carolina’s summary courts with prosecutors and public defenders and ensure that courts are presided over by judges who are licensed attorneys. Reduce the caseload of magistrate and municipal courts by decriminalizing traffic offenses. Reduce fines and fees, and consider alternative sanctions for those who cannot afford to pay. Increase uniform reporting of criminal and traffic cases in summary courts to include data regarding whether defendants had counsel and whether and how defendants were informed of their rights. Enact uniform procedures for magistrate and municipal courts regarding advisement of rights and plea colloquies. Ensure that all defendants understand their rights and the direct and collateral consequences of a guilty plea or verdict. Details: Washington, DC: National Association of Criminal Defense Lawyers, 2017. 52p. Source: Internet Resource: Accessed February 8, 2017 at: https://www.nacdl.org/summaryinjustice/ Year: 2017 Country: United States URL: https://www.nacdl.org/summaryinjustice/ Shelf Number: 145011 Keywords: Constitutional RightsCourt ReformCriminal CourtsCriminal DefenseDue ProcessMagistrate CourtsMunicipal CourtsSummary Courts |