SPEEDY TRIAL ACT OF 1974 IN CONSTITUTIONAL PERSPECTIVE

• NCJ Number: 35474
• Journal: Mississippi Law Journal Volume: 47 Issue: 3 Dated: (JUNE 1976) Pages: 365-422
• Author(s): V K HANSEN; W N REED
• Date Published: 1976
• Length: 58 pages
• Corporate Author: University of Mississippi
• Publication Format: Article
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

OVERVIEW OF THE CONCEPT AND IMPLEMENTATION OF THE DEFENDANT'S RIGHT TO A SPEEDY TRIAL FROM INITIAL ARTICULATION IN THE MAGNA CARTA THROUGH INTERPRETATION BY FEDERAL CIRCUIT COURTS AND THE US CONGRESS.

Abstract

SPEEDY TRIAL CASE LAW IS ANALYZED PRIMARILY THROUGH ITS DEVELOPMENT IN THE CIRCUIT COURTS OF APPEALS AND TRACING RELATED SUPREME COURT DECISIONS. PARTICULAR EMPHASIS IS ACCORDED FACTORS ENUNCIATED IN BARKER V WINGO (1972), AND INCONSISTENCIES ARISING FROM ITS INTERPRETATION. THE LEGISLATIVE HISTORY OF THE SPEEDY TRIAL ACT OF 1974 IS EXPLORED AND PROVISIONS RELATING TO TIME LIMITATIONS, ACCEPTABLE REASONS FOR DELAY, AND SANCTIONS FOR VIOLATION AND OBSTRUCTION ARE EXPLAINED. PROBLEMS WHICH MAY ARISE THROUGH IMPLEMENTATION OF THE ACT ARE EXAMINED, ITS IMPACT ON THE CRIMINAL JUSTICE SYSTEM IS DISCUSSED, AND SUPPLEMENTAL MEASURES ARE IDENTIFIED.