MILITARY RESTRICTION TRIGGERS THE RIGHTS TO A SPEEDY CIVILIAN TRIAL - UNITED STATES V MACDONALD

• NCJ Number: 38549
• Journal: University of Miami Law Review Volume: 30 Issue: 4 Dated: (SUMMER 1976) Pages: 1083-1092
• Author(s): J E PANNY
• Date Published: 1976
• Length: 10 pages
• Corporate Author: University of Miami
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS NOTE EXAMINES THE DECISION BY A FEDERAL APPEALS COURT WHICH FOUND THE RIGHT TO SPEEDY TRIAL VIOLATED BY A DELAY OF OVER 4 YEARS FROM A MILITARY PROCEEDING (THE INITIATING EVENT) TO A CIVILIAN INDICTMENT.

Abstract

ON MAY 1, 1970, APPELLANT, A CAPTAIN IN THE UNITED STATES ARMY, WAS CHARGED BY THE ARMY WITH THE MURDERS OF HIS WIFE AND TWO DAUGHTERS. AFTER A REQUIRED INVESTIGATION, THE CHARGES WERE DISMISSED ON OCTOBER 23, 1970. TWO MONTHS LATER APPELLANT WAS HONORABLY DISCHARGED FROM THE SERVICE AND HE RETURNED TO THE CIVILIAN PRACTICE OF MEDICINE. THE JUSTICE DEPARTMENT CONTINUED ITS INVESTIGATION FOLLOWING APPELLANT'S DISCHARGE AND, DESPITE APPELLANT'S REPEATED REQUESTS THAT THE INVESTIGATION BE ENDED AS SOON AS POSSIBLE, THE INVESTIGATION CONTINUED FOR SEVERAL YEARS. FINALLY, ON JANUARY 24, 1975, APPELLANT WAS INDICTED BY A GRAND JURY FOR THE MURDERS. AT HIS TRIAL, APPELLANT MOVED FOR DISMISSAL OF THE INDICTMENT ON ALTERNATIVE GROUNDS OF DOUBLE JEOPARDY AND DENIAL OF THE RIGHT TO A SPEEDY TRIAL. THE DISTRICT COURT DENIED APPELLANT'S MOTIONS. ON APPEAL, HOWEVER, THE FOURTH CIRCUIT COURT OF APPEALS FOUND THAT THE DELAY OF OVER 4 YEARS FROM THE ARMY'S ACCUSATION AND DETENTION OF AN ACCUSED IN MAY 1970, TO HIS INDICTMENT IN JANUARY 1975, VIOLATED THE ACCUSED'S RIGHT TO A SPEEDY TRIAL AS GUARANTEE BY THE SIXTH AMENDMENT. IN DELIVERING THIS OPINION, THE FOURTH CIRCUIT GAVE AN IN DEPTH ANALYSIS OF THE FACTORS DEEMED CONTROLLING BY THE UNITED STATES SUPREME COURT IN REVIEWING SUCH A CLAIM: THE LENGTH OF DELAY (AND THE POINT AT WHICH IT BEGINS - ON ARREST OR ON INDICTMENT); THE REASON FOR DELAY; THE ASSERTION BY THE DEFENDANT OF HIS RIGHT; AND PREJUDICE TO THE DEFENDANT.THE DEFENDANT MAY REMAIN UNDER INVESTIGATION FOR EXTENDED PERIODS OF TIME AND IS NOT PROTECTED BY THE SPEEDY TRIAL RIGHT UNTIL THE GOVERNMENT ARBITRARIY DECIDES TO INITIATE A 'TRIGGERING EVENT'. (AUTHOR ABSTRACT MODIFIED)