Crime and Punishment During COVID-19
The Pandemic Has Changed Everything, Including Jurisprudence
Nicholas Cutler is a 22-year-old, white male born on May 12, 1998. Throughout his life, he has struggled with drug abuse, which could be related to him being recently diagnosed with bipolar disorder. Over the past year, Cutler has been arrested four times in Utah County and Salt Lake County bringing him in close contact with law enforcement and the judicial system during the coronavirus pandemic.
On September 9, 2020, Cutler was arrested for driving erratically in Orem County. Cutler’s reckless driving could be linked with taking prescribed medication to treat his disorder. With his record or arrests, he was taken to Utah County Jail where he faced his charges. He was remanded in jail for two weeks and two days. Cutler experienced the recent change in law enforcement, court systems, and the changes in jails as a result of Covid-19. Cutler has had first-hand experience with the criminal justice system before Covid as well as during the pandemic. Through his experience, we are able to understand the impact of the coronavirus on the justice system in a deeper manner.
In the criminal justice system, law enforcement officers are the first responders. Their job requires them to patrol neighborhoods, which means they are constantly in contact with citizens. Cutler says, “During the beginning of the outbreak, I felt like the cops were not prepared, and felt like they were kind of scared of the virus.”
Cutler believes the Covid-19 reduced the number of police on patrol, either due to illness or precautions against getting the virus. An article by Kerry L. Erisman inpublicsafety.com, a site focusing on law enforcement issues that is sponsored by American Military University, backs this up. In How Coronavirus Has Stifled the Criminal Justice System Irishman writes that, “In April, it was reported that 20 percent of New York Police Department personnel were out sick and more than 5,000 NYPD members tested positive for COVID-19.”
Even though these statistics are from New York, there is no doubt that the number of infected personnel increased in Utah as well. Cutler adds, “Personally, I did not see as many law enforcement officers out and about doing their job.” The CDC has enforced social distancing guidelines that the community must follow. Erisman writes: “Social distancing recommendations to prevent Covid-19 transmissions causes officers to keep their distance from citizens and make less face-to-face contact with the public. This, in turn, has resulted in a sharp decline in arrests.”
The other issue law enforcement faced was the increase in protests against police brutality during the pandemic. The Black Lives Matter movement forced cops to focus on those bigger issues. Cutler adds, “The cops had bigger [stuff] to focus on, rather than focusing on smaller criminal acts.”
Cutler believe there is a perception that because of the pandemic, it is a lot easier to “get away with” small criminal acts. Cutler states, “Most jails are letting anyone with a third degree felony or people with misdemeanors out until their court dates. Most courts then decide not to prosecute because they don’t want to put more people in jail.” Cutler says he’s had numerous misdemeanor charges dropped because courts and district attorney’s offices are reluctant to fill up jails during the pandemic.
Cutler’s court experience was through an online meeting platform called Webex. Cutler says, “Basically you join a meeting for your hearing with or without your camera on, wait a long time until it is your turn, and then they review your charges and file a verdict.” He adds that, “it’s pretty boring”.
The other issue in the court system is the change in ability to have a jury. With court hears being online, there are fewer juries available. Erisman writes that, “the judiciary is struggling to determine how to proceed with jury trials that require jurors to be seated in close proximity in the courtroom and in small deliberation rooms.” In Cutler’s cases, there was no need for a jury, but he says he knows people that didn’t get their rights to a trial by their peers.
Another big issue the courts face is that courts have a tremendous amount of backlog. Kerry L. Erisman states, “Prior to the spread of COVID-19, many courts already had lengthy backlogs of criminal and civil cases.” However, in the past few months, the numbers of case backlogs has increased substantially. In some cases, this has jeopardized the constitutional rights of defendants. When talking to Cutler, he brought up the idea that the Sixth Amendment provides criminal defendants the right to a speedy trial and that the pandemic has significantly affected the court’s ability to provide these rights to defendants like him. Says Cutler, “They have pushed my court dates many times. I am still waiting for a court date from charges months ago.”
COVID-19 has also significantly affected jails throughout the United States. As stated previously, Cutler was in jail for two weeks and two days last month. He noticed many changes in the process of going to jail as well as being in the facilities. Cutler says, “Before they take you into jail, you have to get tested for COVID-19. Basically you sit outside for 20 minutes or longer while you wait for your test results.”
Once in jail, Cutler says, “You live in a two-man cell with bunk beds, and every time you leave your room, you must wear a mask.”He also talks about how normally you are allowed to leave your room often to watch TV and hang out in the rec room, but now, “You get less time to go out, the most you are out of your room is two hours a day but sometimes you are stuck in your cell all day.”
Adds Cutler, “Before Covid everyone ate in the rec area together, but now you eat in your room.” Inmates like Cutler live in close proximity to others meaning they cannot maintain any type of social distancing. Jail officers are also burdened with daily contact with inmates, putting both groups at an increased risk of exposure.
Cutler was released from jail, and went straight to a residential rehab facility. He is getting treatment for his mental disorder as well as working hard to get over his past life of substance abuse. He is currently still facing charges from months ago. However, due to his mental disorder he should be moved to mental health court where he will get the help he needs.
