NCJ Number
29850
Journal
FBI Law Enforcement Bulletin Volume: 44 Issue: 11 Dated: (NOVEMBER 1975) Pages: 28-31
Date Published
1975
Length
4 pages
Annotation
THIS ARTICLE EXAMINES THE PROVISIONS OF THE 1974 SPEEDY TRIAL ACT, THE HISTORY AND REASONS FOR THIS LEGISLATION, AND THE POSSIBLE IMPACT OF THIS LEGISLATION ON FEDERAL LAW ENFORCEMENT.
Abstract
THE SPEEDY TRIAL ACT BECAME EFFECTIVE JULY 1, 1975 AND CALLS FOR A GRADUAL REDUCTION OVER A 4-YEAR PERIOD IN THE TIME BETWEEN ARREST OR SERVICE OF A SUMMONS, INDICTMENT, AND TRIAL, UNTIL BY JULY 1, 1979, ALL PERSONS CHARGED WITH A FEDERAL CRIME ARE TO BE BROUGHT TO TRIAL WITHIN 100 DAYS AFTER ARREST OR SERVICE OF A SUMMONS. THE FAILURE TO FILE AN INDICTMENT OR INFORMATION AGAINST ANY INDIVIDUAL WITHIN THE REQUIRED PERIOD AFTER ARREST OR SERVICE OF A SUMMONS SHALL RESULT IN DISMISSAL OF THE CHARGE, WHICH MAY BE DISMISSED WITH PREJUDICE. THE COURT WILL CONSIDER THREE FACTORS IN DECIDING WHETHER OR NOT TO DISMISS WITH PREJUDICE. THEY ARE: (1) THE SERIOUSNESS OF THE OFFENSE, (2) FACTS AND CIRCUMSTANCES WHICH LED TO THE DISMISSAL, AND (3) THE IMPACT OF A REPROSECUTION ON THE ADMINISTRATION OF JUSTICE. FAILURE TO BRING A DEFENDANT TO TRIAL WITHIN THE SPECIFIED TIME PERIOD WILL PERMIT A DEFENDANT TO MOVE TO HAVE THE INDICTMENT OR INFORMATION DISMISSED. IT IS STATED THAT THE PROBABLE EFFECTS OF THIS LEGISLATION COULD INCLUDE THE ADDITION OF SEVERAL FEDERAL PROSECUTORS AND JUDGES, INCREASED COOPERATION AND PLANNING OF THE FEDERAL LAW ENFORCEMENT OFFICER, AND FURTHER U.S. SUPREME COURT REVIEW OF THE SPEEDY TRIAL REQUIREMENT. (AUTHOR ABSTRACT MODIFIED)