NCJ Number
49285
Date Published
1975
Length
3 pages
Annotation
THE THREE BASIC CONCERNS OF THE SPEEDY TRIAL ACT OF 1974 -- COURT DELAYS, COURT INFORMATION FLOW, AND PRETRIAL SERVICES -- ARE OUTLINED.
Abstract
THE INTENTION OF THE ACT IS TO REDUCE CRIME AND THE DANGER OF RECIDIVISM BY REQUIRING SPEEDY TRIALS AND BY STRENGTHENING THE SUPERVISION OVER PERSONS RELEASED PENDING TRIAL. THE ACT ESTABLISHED A MANDATORY TIME TABLE GOVERNING TRIALS FOR ALL FEDERAL OFFENSES AND ESTABLISHES SANCTIONS FOR VIOLATIONS. BY JULY 1, 1980, ANY INFORMATION OR INDICTMENT MUST BE FILED WITHIN 30 DAYS OF ARREST OR SUMMONS; ARRAIGNMENT MUST BE HELD WITHIN 10 DAYS OF THE FILING OF INFORMATION OR INDICTMENT; AND TRIAL MUST COMMENCE WITHIN 60 DAYS OF ARRAIGNMENT. THE ULTIMATE GOAL OF 100 DAYS TO TRIAL WILL BE GRADUALLY IMPLEMENTED. A NUMBER OF UNAVOIDABLE DELAYS SUCH AS THOSE RESULTING FROM HEARINGS, TRANSFER FROM OTHER DISTRICTS, OR DISCOVERY AND TREATMENT OF PHYSICAL OR MENTAL INABILITY TO STAND TRIAL ARE EXCLUDED IN COMPUTATIONS OF ELAPSED TIME. IN THE EVENT OF A BREACH OF THE TIME TABLE, THE CASE WILL BE DISMISSED WITH OR WITHOUT PREJUDICE AS DETERMINED BY THE COURT. THE COURT MAY ALSO PUNISH DELIBERATE AND UNJUSTIFIED DELAYS BY AN APPOINTED ATTORNEY. CONDITIONAL RELEASE ADJUSTMENTS MAY BE MADE IN CASES WHERE DEFENDANTS HAVE BEEN DELIBERATELY DELAYED. THE ACT ALSO PROVIDES FOR PLANNING GROUPS IN EACH OF THE 94 DISTRICTS WHICH WILL BE RESPONSIBLE FOR COMPLIANCE PLANNING, IDENTIFICATION OF PROBLEMS OR SUGGESTED IMPROVEMENTS, AND IDENTIFICATION OF OTHER NEEDED REFORMS IN THE CRIMINAL JUSTICE SYSTEM AS A WHOLE. FINALLY, THE ACT DIRECTS THE ESTABLISHMENT OF 10 DEMONSTRATION PRETRIAL SERVICE PROGRAMS. MODEL PRETRIAL SERVICE AGENCIES WILL BE RESPONSIBLE FOR MAINTAINING EFFECTIVE SUPERVISION AND CONTROL OVER DEFENDANTS AND FOR PROVIDING SUPPORTIVE SERVICES TO DEFENDANTS ON PRETRIAL RELEASE. FIVE OF THESE AGENCIES WILL BE OPERATED BY THE DIVISION OF PROBATION, AND FIVE BY SEVEN-MEMBER BOARDS OF TRUSTEES APPOINTED BY THE CHIEF JUDGE OF THE DISTRICTS AND CONSISTING OF A DISTRICT COURT JUDGE, A U.S. ATTORNEY, TWO ACTIVE CRIMINAL LAWYERS, THE CHIEF PROBATION OFFICER, AND TWO COMMUNITY REPRESENTATIVES. EACH AGENCY WILL BE RESPONSIBLE FOR DATA COLLECTION AND PROGRAM EVALUATION. (JAP)