ACLU sues Scott Co. for failure to indict inmates - - Jackson, MS

ACLU sues Scott Co. for failure to indict inmates

Source: ACLU Source: ACLU
Scott County Source: Wikipedia Commons Scott County Source: Wikipedia Commons
SCOTT COUNTY, MS (Mississippi News Now) -

The American Civil Liberties Union, the ACLU of Mississippi, and the Roderick and Solange MacArthur Justice Center filed a class action suit on Tuesday against the Scott County sheriff, district attorney, and judges after learning that the Scott County Detention Center has held people for as long as a year without appointing counsel and without indicting them.

According to the ACLU, the county has been violating the Sixth and Fourteenth Amendments' rights to counsel, to a speedy trial, and to a fair bail hearing.

"This is indefinite detention, pure and simple. Scott County jail routinely holds people without giving them a lawyer and without formally charging them for months, with no end in sight. For those waiting for indictment, the county has created its own Constitution-free zone," said Brandon Buskey, Staff Attorney at the ACLU's Criminal Law Reform Project.

"These prisoners' cases are frozen, their lives outside the jail are disintegrating, and they haven't even been charged with a crime. The county has tossed these people into a legal black hole."

According to the ACLU, one of the plaintiffs, Joshua Bassett, has been in the Scott County Detention Center since January 16.

He has been denied an attorney and a grand jury hearing.

Another, Octavious Burks, has been in the jail since November 18, 2013.

Neither Bassett nor Burks could afford their bail. Burks has been through this ordeal twice before.

Since 2009, he has been jailed in Scott County on three separate charges without indictment or counsel.

The ACLU has evidence that many others have been trapped in the Scott County Detention Center for months at a time because they couldn't pay bail and, like Bassett and Burks, were denied counsel and a grand jury hearing.

"We're seeking to make Scott County's justice system function for all its residents," said Buskey.

"The county must set reasonable limits on the amount of time someone can remain in jail without a lawyer and without charges. But Scott County, while extreme, isn't alone. In too many places across the United States, poor people languish in jail for weeks and months, crowding the system because they can't make bail and are waiting for an indictment or a public defender. Reform can't come soon enough."

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