IMPLEMENTATION OF THE SPEEDY TRIAL ACT IN THE SOUTHERN DISTRICT OF NEW YORK - EVALUATING REPORT (FROM SPEEDY TRIAL ACT AMENDMENTS OF 1979 - HEARINGS, 1979 - SEE NCJ-64636)

• NCJ Number: 64641
• Author(s): ANON
• Date Published: 1979
• Length: 31 pages
• Corporate Author: New York State Bar Assoc; US Congress
• Sale Source: National Institute of Justice/
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America

Annotation

THE IMPACT OF THE SPEEDY TRIAL ACT OF 1974 ON NEW YORK'S SOUTHERN DISTRICT IS ASSESSED, AND AMENDMENTS TO ENLARGE TIME LIMITS OF THE ACT ARE SUPPORTED.

Abstract

THE ACT WAS PASSED IN 1974 AND REQUIRES THAT JUDGES, PROSECUTORS, AND DEFENSE ATTORNEYS BRING VIRTUALLY ALL FEDERAL CRIMINAL CASES TO TRIAL WITHIN 100 DAYS OF THE ARREST DATE. SUBJECT TO TRIAL JUDGE DISCRETION, LIMITED EXEMPTIONS ARE PERMITTED FOR REASONABLE DELAYS CAUSED BY EXAMINATION OF THE ACCUSED FOR MENTAL COMPETENCY OR PHYSICAL CAPACITY. LIMITED DELAYS ARE ALSO PERMITTED FOR INTERLOCUTORY APPEALS, HEARINGS OR PRETRIAL MOTIONS, INABILITY TO LOCATE AN ESSENTIAL WITNESS, AND INSTANCES WHERE THE COURT DETERMINES THAT JUSTICE WILL BE SERVED BY DELAY. THE ACT CALLS FOR CAREFUL PLANNING BY EACH DISTRICT COURT PRIOR TO IMPLEMENTATION OF FINAL TIME LIMITS IN JULY 1979. AN EVALUATION OF THE ACT IN NEW YORK'S SOUTHERN DISTRICT, CONDUCTED BY THE COMMITTEE ON THE FEDERAL COURTS, INDICATES THAT FINAL DEADLINES ARE UNNECESSARILY RESTRICTIVE. THERE IS CONCERN THAT THE DEADLINES WILL PLACE SOME DEFENDANTS IN SERIOUS JEOPARDY AND THAT CERTAIN JUDGES MAY IMPOSE EXCESSIVELY STRICT REQUIREMENTS ON DEFENSE ATTORNEYS IN ORDER TO MEET TIME LIMITS. COMMITTEE RECOMMENDATIONS FOCUS ON EXPANSION OF TIME LIMITS, CASE MANAGEMENT TECHNIQUES, COLLEGIALITY IN THE SHIFTING OF CASES TO ASSURE DEADLINES ARE MET, PHASE-IN STAGING OF THE ACT, AND THE USE OF MAGISTRATES. (DEP)