Privilege, Power, and Punishment: the NYC DWAI Speedy Trial Farce

• In Event: Power to Punish: Interrogating State Interventions

Abstract

In 2011, my client was arrested for Driving While Ability Impaired (a traffic violation, and a misdemeanor Refusal charge was added at arraignment). In May 2014, we will appear for our 16th court appearance without a trial. Although the prosecutor has not been ready for trial a dozen times, repeated trial dates were set exponentially increasing the likelihood that a defendant will capitulate and accept lesser-included violations. Although it is within the court’s inherent powers to correct mistakes of law and to guard against prosecutorial abuse, political realities and judicial comity culminates in coercive practices, where ‘the process is the punishment’ and impoverished defendants are not afforded competent legal representation. Moreover, with constantly rotating judges adjournments and summary dismissals of credible motions are commonplace. Such wide-spread jurisprudence negatively impacts the public’s confidence in the criminal justice system and disproportionately impacts lower socio-economic classes, most of whom are ‘under-represented’ by attorneys that place profit concerns over legal rights. Recently acquitted (February 28, 2014) of a DWI charge, Kerry Kennedy (daughter of RFK) stated her episode “warrants a hard look at the criminal justice system to make sure everyone is treated fairly in America.” This paper contributes to that endeavor.

Author

• Fernando Linhares, Drew University