Last month, District Attorney Michael Nifong announced that he will not be bringing rape charges against the Duke University lacrosse players. (Other criminal charges are still pending). Nifong himself is under fire for his handling of the case. Conservative scholar Thomas Sowell says Nifong should be removed from office and disbarred. Fox’s Bill O’Reilly goes further and says Nifong should be jailed. (For details on this case, start here).
Nifong’s actions should be scrutinized and he should be held accountable for any wrongs he has committed. However, since this criminal case is receiving national attention, it is important that this matter be placed in its proper context. It would be a mistake for any observer to sigh and say, “It’s so unfortunate that these young men were unlucky enough to be (a) falsely accused and (b) find themselves in the jurisdiction of a ‘rogue’ prosecutor.” That’s only part of the picture. The case is not just about Nifong. The laws and policies that are in place too often allow miscarriages of justice to take place.
Today, I will examine the law concerning speedy trials in North Carolina.