Backlogged Cases Threaten to Overwhelm Reopened U.S. Courts
As prosecutors prepare to drop a large number of criminal cases in an effort to manage an overwhelming backlog, critics worry that crimes with human victims could be deemed “low-level” and lost in the mix.
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Criminal courthouses across the United States are confronting massive case backlogs as they begin slowly reopening after long pandemic shutdowns, prompting some prosecutors to drop so-called “low-level cases” because they will not be able to handle the expected crush of speedy trial demands, reports NPR. In Chicago, for example, thousands of criminal cases have built up in Cook County over the past 15 months, as the county’s massive court system has been all but shut down because of the COVID-19 pandemic. The waiting caused by the pandemic could mean many people accused of nonviolent crimes will get off scot-free as Chicago prosecutors prepare to drop a large number of criminal cases when the courts fully reopen later this year.
Meg Garvin, executive director of the National Crime Victim Law Institute at Lewis and Clark Law School, said she’s heard of other jurisdictions that are also considering dropping a large number of cases because of backlogs. She’s concerned about the message that could be sent to victims and said crime victims have a legal and moral right to be consulted before prosecutors drop a case or agree to a plea deal. She hopes prosecutors across the country won’t deem any crimes involving human victims “low level.” The Illinois Supreme Court announced June 30 that courthouses will return to normal in October, and defendants will once again be able to assert their constitutional right to a speedy trial, a right the Illinois Supreme Court suspended in March 2020 amid COVID-19.
