With restaurants, schools, and various other establishments closed to help stop the spread of Covid-19, what happens to the courts?
Do trials continue in courts?
For criminals their constitutional rights are at stake.
Admittedly they do not want to lose their liberty.
As per Maryland criminal law, all defendants are innocent until proven guilty. This is also one of the key underlying principles of the American criminal justice system.
Historically courts have weathered several emergencies in the past. During the hurricane Katrina, courts were temporarily shut down.
The 9/11 terrorist attacks saw trials in New York deferred due to diversion of resources.
But court systems were not deterred. They were back in action sooner or later.
According to a Maryland criminal lawyer, “Courts must not cease operations and they do not. The courts must continue to hear legal issues as part of essential systems even during public emergencies.
As per recent update, Maryland courts are progressively opening as per plans.
The circuit courts have resumed jury trials and almost all courts are back to full operations.
During a public health emergency, which the present pandemic is, courts must decide on how to balance the constitutional rights of citizens and the health of the court staff and jurors.
The Maryland Courts are adhering to the protocols set by the Center for Disease Control (CDC) and also the Maryland Department of Health.
For all those entering the court premises the following safety precautions are put in place:
• They must correctly respond to Covid-19 screening questions.
• They must allow staff to check temperatures.
• Wearing a face covering is compulsory.
• Social distancing must be maintained.
Press staff with valid credentials is allowed access to courtrooms if there is adequate capacity. But they must also adhere to safety protocols.
Hearing of critical cases
Plans have been put into place that delineate critical and essential functions. Critical cases can include:
• Domestic violence and child abuse cases
• Bail hearings
• Contested quarantine orders
• Criminal and juvenile cases where defendants are in jail
The turnover in jails in the Unites States is approximately 10.5 million each year.
This huge number raises concern about the spread of corona virus.
The high turnover means there is a good chance that decent numbers of new inmates might have been exposed to Covid-19.
Added to this, inmates are closeted by sharing bathrooms and eating spaces.
Social distancing is next to impossible.
Jails are lockups for short durations. Prisons on the other hand are for long term durations having segregation facilities and medical checkups.
Because jails do not have facilities that prisons do, protecting the safety of inmates, jail staff, and visitors is a challenge.
Some strategies adopted by certain jurisdictions include instructing police officers to refrain from arresting low level offenders.
This tactic can reduce jail bookings and bail hearing substantially.
But it is important for you to check what Maryland criminal law says in this regard.