NCJ Number
43601
Journal
Journal of Criminal Law and Criminology Volume: 68 Issue: 1 Dated: (MARCH 1977) Pages: 1-14
Date Published
1977
Length
14 pages
Annotation
THE PROVISION OF THE FEDERAL SPEEDY TRIAL ACT CONCERNING DISMISSAL WITH OR WITHOUT PREJUDICE OF CASES IN WHICH THE TIME LIMITS IMPOSED BY THE ACT HAVE NOT BEEN OBSERVED IS INTERPRETED.
Abstract
THE ACT REQUIRES THAT, FROM THE DATE OF ARREST, THE ACCUSED BE TRIED WITHIN 100 DAYS. THE ACT PROVIDES FOR A NUMBER OF JUSTIFIABLE DELAY PERIODS TO BE EXCLUDED IN COMPUTING THE STATUTORY TIME LIMIT AND, IN SECTION 3162(A) (1) (2), ESTABLISHES SANCTIONS FOR NONCOMPLIANCE WITH THE STATUTORY TIME LIMITS. THIS SECTION PROVIDES THAT, IF TIME LIMITS ARE NOT ADHERED TO, THE CHARGES AGAINST THE DEFENDANT MUST BE DISMISSED EITHER WITH OR WITHOUT PREJUDICE. IN DECIDING WHETHER TO DISMISS A CASE WITH OR WITHOUT PREJUDICE, THE COURT IS REQUIRED TO CONSIDER, AMONG OTHERS, THE FOLLOWING FACTORS: THE SERIOUSNESS OF THE OFFENSE; THE FACTS AND CIRCUMSTANCES OF THE CASE THAT LED TO DISMISSAL; AND THE IMPACT OF A REPROSECUTION. THE PROVISION HAS BEEN CRITICIZED FOR FAILING TO REQUIRE DISMISSAL WITH PREJUDICE. CRITICS OBSERVE THAT, IF CHARGES ARE DISMISSED WITHOUT PREJUDICE, THE ACCUSED IS SUBJECT TO IMMEDIATE REARREST AND REINDICTMENT. OTHERS SUGGEST THAT DISMISSAL WITHOUT PREJUDICE MAY INFLICT GREATER HARM UPON THE ACCUSED THAN WOULD A TRIAL DELAY. THE ISSUE OF WHETHER THE DISTRICT COURT'S DETERMINATION TO DISMISS WITH OR WITHOUT PREJUDICE IS A QUESTION OF FACT OR LAW IS EXAMINED, AS ARE THE QUESTIONS OF WHETHER THE COURT MAY DISMISS WITH PREJUDICE IN CASES INVOLVING NO SPEEDY TRIAL VIOLATION, AND WHETHER FACTORS CITED IN THE ACT ARE THE SOLE RELEVANT FACTORS IN THE COURT'S DECISION TO DISMISS WITH OR WITHOUT PREJUDICE. EXAMINATION OF THE PURPOSES UNDERLYING THE ACT AND THE ISSUES SURROUNDING ITS DISMISSAL PROVISION LEADS TO THE CONCLUSION THAT THE PRIMARY CONSIDERATION FOR THE COURTS MUST BE THAT, ALTHOUGH SOCIETY MAY SUFFER TO SOME EXTENT FROM THE RELEASE OF DEFENDANTS UNDER CIRCUMSTANCES PROHIBITING REPROSECUTION, THIS OUTCOME SOMETIMES IS UNAVOIDABLE IF THE ACT IS TO ACHIEVE ITS PURPOSES. FACTORS IN ADDITION TO THOSE CITED IN THE ACT THAT SHOULD BE CONSIDERED BY JUDGES IN MAKING DISMISSAL DECISIONS INCLUDE THE DEFENDANT'S PRIOR CRIMINAL RECORD, PREJUDICE SUFFERED BY THE ACCUSED, AND PROSECUTORIAL INCENTIVE TO COMPLY WITH TIME LIMITS. FACTORS THAT SHOULD NOT BE CONSIDERED INCLUDE THE DEFENDANT'S ASSERTION OF HIS STATUTORY RIGHT, THE LIKELIHOOD OF INDUCING A GUILTY PLEA, AND THE ABILITY OF PROSECUTION TO TRY THE DEFENDANT AFTER EXPIRATION OF THE STATUTORY TIME PERIOD.