NCJ Number
64638
Date Published
1979
Length
6 pages
Annotation
A LAW SCHOOL PROFESSOR FAVORED DEFERRAL OF AMENDMENTS TO THE SPEEDY TRIAL ACT OF 1974 AT PUBLIC HEARINGS HELD IN MAY 1979 BEFORE THE SENATE COMMITTEE ON THE JUDICIARY.
Abstract
AT THE TIME OF THE HEARINGS, THE ACT WAS APPROACHING THE DATE OF IMPLEMENTATION (JULY 1, 1979). THE ACT SPECIFIES FORMAL LIMITS OF TRIAL WITHIN 100 DAYS AFTER ARREST OR 70 DAYS AFTER INDICTMENT. HOWEVER, THE ACT HAS PASSED THROUGH A DIFFICULT TRANSITION PERIOD FROM 1975 TO 1979, AND CAREFUL MONITORING OF EXPERIENCE WITH THE 1979 TIME LIMITS AND SANCTIONS IS DESIRABLE. THE PROCESS OF WEIGHING AMENDMENTS SHOULD BE DEFERRED UNTIL THE ACT HAS BEEN PUT INTO EFFECT AND ASSESSED. FOR INSTANCE, AMENDMENTS TO EXTEND THE TIME LIMITS ARE PREMATURE, EXCLUSIONS CRITICIZED AS BEING VAGUED SHOULD BE SEEN AS SPECIFICALLY DESIGNED TO TAKE ACCOUNT OF THE LEGITIMATE NEEDS OF THE PARTIES FOR COUNSEL OF THEIR CHOICE AND FOR REASONABLE TIME AND NOTICE TO PREPARE FOR TRIAL, AND THE 1978-79 DEVELOPMENTS SHOULD SHOW A VASTLY INCREASED JUDICIARY AND A SUBSTANTIALLY REDUCED CRIMINAL BACKLOG; ALL THESE DEVELOPMENTS SHOULD BE PERMITTED TO RUN THEIR COURSE BEFORE AMENDMENTS ARE MADE. THE MOST SIGNIFICANT NEED OF THE MOMENT IS TO ENSURE THAT PLANNING GROUPS DO NOT FADE INTO OBLIVION, THAT CAREFUL MONITORING OF EXPERIENCE WITH THE 1979 LIMITS AND SANCTIONS IS CARRIED ON, AND THAT INTERCHANGE OF INNOVATION TO HELP LAGGING DISTRICTS IS ENCOURAGED. (DEP)