NCJ Number
76190
Date Published
1980
Length
32 pages
Annotation
A review of compliance with the requirements of the 1974 Speedy Trial Act concluded that compliance with the act's requirements has increased over the past 4 years but that clarification of the law is needed.
Abstract
The act established a permanent 100-day time limit during which criminal cases must be processed, following a gradual 4-year phase-in period. Data for the review were collected through examination of statistics on all district courts and various reports prepared for Congress and the Justice Department. Results showed that despite increasing compliance, differing interpretations of the law by executive and judicial branches mean that future criminal cases might be inappropriately dismissed. Problems include the dismissal of some cases before indictment and ambiguity regarding the starting date for the period between indictment or first court appearance and the start of the trial, plea of guilty, or dismissal. Other problems involve the application of the minimum period of 30 days for preparation of a defense and defendants' waivers of rights to dismissal. It is recommended that Congress amend the Speedy Trial Act to clarify how and under what circumstances preindictment dismissals followed by an indictment affect the law's first time limit. The law should also be amended to clarify the starting date for the second time interval, the 30-day minimum period before trial, and whether dismissal waivers are permissible. Tables, footnotes, and an appendix listing excludable delay categories are included.