The Law Isn't The Problem


June 7, 2007
The Times-Picayune
Editorial

When 3,000 suspects are turned loose in a single year because police and prosecutors missed the statutory deadline to file charges, the criminal justice system is a failure.

That was the situation in New Orleans last year, and it almost surely contributed to the city's crime problem. But legislation that would double the amount of time a suspect could be held in jail or on bond without being charged is not the answer.

House Bill 313 originally applied to all felonies, but in its current form would extend the deadline only for felonies that are punishable by death or life in prison. Lawmakers shouldn't do even that, though.

The law is fine as is. The state gives prosecutors 60 days to file charges, and that ought to be plenty of time. Prosecutors in other parishes don't seem to be hampered by the current time limit. It is two whole months, after all. So-called 701 releases were not a problem in New Orleans pre-Katrina, either.

The problem was the poor performance of the New Orleans Police Department and the Orleans Parish district attorney's office. Police were slow to file reports, and prosecutors complain that they sometimes are poorly written or incomplete. The district attorney's office has had its own difficulties. Until this spring, the office had no system for keeping track of cases on which the clock was winding down. Now there is such a system, and prosecutors and police have better and more frequent lines of communication set up.

Also, the Police Department finally replaced its crime lab, which was destroyed in Katrina and was out of commission for all of 2006. The district attorney also has agreed to accept field test results in drug cases, which allows charges to be filed even if all the lab work isn't complete.

In the three months since District Attorney Eddie Jordan and Police Superintendent Warren Riley announced those and other measures to reduce 701 releases, there has been some improvement in the numbers. There are still too many suspects being released because of the missed deadline, but the number is starting to drop.

Ironically, if lawmakers were to extend the deadline, it would take pressure off Superintendent Riley and Mr. Jordan to improve the performance of their departments. That is a very bad idea. Both agencies should be pushed to do a better job -- not given extra time to kill.

Extending the time limit won't make reports any better written or make witnesses any more eager to testify.

What it might mean is that some people who are guilty of nothing could end up sitting in jail for four months. As for the guilty, unless police and prosecutors get better at the nuts and bolts of building cases, no amount of lead time will matter.The Times-Picayune (LA) (Editorial) — The law isn't the problem — (Thursday, June 7, 2007) —

When 3,000 suspects are turned loose in a single year because police and prosecutors missed the statutory deadline to file charges, the criminal justice system is a failure.

That was the situation in New Orleans last year, and it almost surely contributed to the city's crime problem. But legislation that would double the amount of time a suspect could be held in jail or on bond without being charged is not the answer.

House Bill 313 originally applied to all felonies, but in its current form would extend the deadline only for felonies that are punishable by death or life in prison. Lawmakers shouldn't do even that, though.

The law is fine as is. The state gives prosecutors 60 days to file charges, and that ought to be plenty of time. Prosecutors in other parishes don't seem to be hampered by the current time limit. It is two whole months, after all. So-called 701 releases were not a problem in New Orleans pre-Katrina, either.

The problem was the poor performance of the New Orleans Police Department and the Orleans Parish district attorney's office. Police were slow to file reports, and prosecutors complain that they sometimes are poorly written or incomplete. The district attorney's office has had its own difficulties. Until this spring, the office had no system for keeping track of cases on which the clock was winding down. Now there is such a system, and prosecutors and police have better and more frequent lines of communication set up.

Also, the Police Department finally replaced its crime lab, which was destroyed in Katrina and was out of commission for all of 2006. The district attorney also has agreed to accept field test results in drug cases, which allows charges to be filed even if all the lab work isn't complete.

In the three months since District Attorney Eddie Jordan and Police Superintendent Warren Riley announced those and other measures to reduce 701 releases, there has been some improvement in the numbers. There are still too many suspects being released because of the missed deadline, but the number is starting to drop.

Ironically, if lawmakers were to extend the deadline, it would take pressure off Superintendent Riley and Mr. Jordan to improve the performance of their departments. That is a very bad idea. Both agencies should be pushed to do a better job -- not given extra time to kill.

Extending the time limit won't make reports any better written or make witnesses any more eager to testify.

What it might mean is that some people who are guilty of nothing could end up sitting in jail for four months. As for the guilty, unless police and prosecutors get better at the nuts and bolts of building cases, no amount of lead time will matter.


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