NCJ Number
147982
Journal
Journal of Criminal Law and Criminology Volume: 83 Issue: 4 Dated: (Winter 1993) Pages: 804-835
Date Published
1993
Length
32 pages
Annotation
This Note examines Sixth Amendment Speedy Trial protection.
Abstract
In Doggett v. United States, the United States Supreme Court extended Sixth Amendment speedy trial protection to a defendant unaware of his indictment. This Note argues that the Court reasonably extended the right of the accused under the Sixth Amendment to an individual unaware of an indictment against him. The Note argues that the Court majority correctly extended the Sixth Amendment to protect against defense impairment caused by long delays. Therefore, defendants unaware of the charges against them can still base a speedy trial claim on the impairment of their defense, regardless of whether liberty infringement has occurred. This Note further argues that the Court majority properly found that, in cases where lengthy delays occur, the defendant should not have to prove actual prejudice. The Court failed, however, to distinguish between extraordinary delays, which foster presumed prejudice, and shorter delays which do not. Finally, this Note argues that the Court wisely held the Government to a higher prosecutorial due diligence standard. Footnotes