RIGHT TO A SPEEDY TRIAL - A MANUAL FOR LAWYERS, JUDGES AND LEGISLATORS (FROM SPEEDY TRIAL ACT AMENDMENTS OF 1979 - HEARINGS, 1979 - SEE NCJ-64636)

• NCJ Number: 64642
• Author(s): N S SOLOMON
• Date Published: 1979
• Length: 31 pages
• Corporate Author: US Congress
• Sale Source: National Institute of Justice/
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America

Annotation

THIS MANUAL IS INTENDED TO MAKE ATTORNEYS AWARE OF THE NEED TO PROTECT A DEFENDANT'S RIGHT TO A SPEEDY TRIAL.

Abstract

DISCUSSION IS BUILT ON THE THREE PURPOSES OF GUARANTEEING THE RIGHT TO A SPEEDY TRIAL: TO PROTECT ACCUSED PERSONS AGAINST EXTENDED IMPRISONMENT BEFORE TRIAL, TO RELIEVE A DEFENDANT'S ANXIETY AND PUBLIC SUSPICION RESULTING FROM AN UNTRIED ACCUSATION OF CRIME, AND TO ASSURE ACCUSED PERSONS THEY WILL BE TRIED WHILE WITNESSES ARE AVAILABLE AND THEIR MEMORIES ARE ACCURATE. EXAMINATION OF CASE LAW DERIVES FROM EXPERIENCE WITH THE SPEEDY TRIAL ACT OF 1974, WHICH APPLIES DIRECTLY ONLY TO FEDERAL CRIMINAL DEFENDANTS; IF ACCUSED PERSONS ARE NOT BROUGHT TO TRIAL WITHIN 90 DAYS AFTER ARREST, THIS ACT REQUIRES THE DISMISSAL OF CHARGES. TWO BASIC PREMISES ARE SUPPORTED IN REVIEWING THE CASE LAW: (1) FEDERAL LAW SUPERSEDES STATE LAW IN LEGAL CONFLICTS AND (2) THE RIGHT TO A SPEEDY TRIAL IS A FUNDAMENTAL RIGHT. FACTORS TO CONSIDER IN DETERMINING WHETHER A DELAY VIOLATES THAT FUNDAMENTAL RIGHT ARE ALSO NOTED, SUCH AS LENGTH OF DELAY, REASON FOR DELAY, AND WHETHER A DEFENDANT DEMANDED A SPEEDY TRIAL. FINALLY, VARIOUS SPEEDY TRIAL LAWS ARE COMPARED. (DEP)