SPEEDY TRIAL ACT - AN EMPIRICAL STUDY

• NCJ Number: 57992
• Journal: Fordham Law Review Volume: 47 Issue: 5 Dated: (APRIL 1979) Pages: 713-770
• Author(s): L M ARIOLA; D A DEMASI; E D LOUGHMAN; T G REYNOLDS
• Date Published: 1979
• Length: 68 pages
• Corporate Author: Fordham University
• Sale Source: Institute for Scientific Information
• Language: English
• Country: United States of America
• Note: SPEEDY TRIAL ACT, 18 USC 3161-3174 (1976)

Annotation

ANALYSIS OF THE EFFECTS OF THE SPEEDY TRIAL ACT OF 1974 INDICATES THAT THE ACT HAS FOUND GREATER ACCEPTANCE AND CREATED FEWER DIFFICULTIES THAN ITS CRITICS HAD PRESUMED.

Abstract

THE SPEEDY TRIAL ACT OF 1974 ATTEMPTS TO SAFEGUARD THE RIGHT OF A DEFENDANT TO A RAPID DISPOSITION OF A CRIMINAL CASE, BY REQUIRING THAT A DEFENDANT BE BROUGHT TO TRIAL WITHIN 100 DAYS AFTER ARREST. THE PENALTY FOR VIOLATION IS DISMISSAL OF THE CHARGES. THE EFFECTS OF THE ACT HAVE BEEN TO REDUCE THE TIME FOR PREPARATION BY DEFENSE COUNSEL AND TO INCREASE THE WAITING TIME FOR DISPOSITION OF CIVIL CASES. MOST PUBLISHED ANALYSES HAVE CONCLUDED THAT THE ACT IS SUFFICIENTLY DISRUPTIVE OF THE PRESENT SYSTEM TO WARRANT RELAXATION OF ITS TIME STRICTURES. EXTENDING THE IMPLEMENTATION OF THE 100-DAY LIMIT IS TOO HASTY A SOLUTION. THE PROBLEMS CREATED BY THE ACT FOR DEFENSE COUNSEL AND THEIR CLIENTS CAN BE REMEDIED BY THE PROPER USE OF MEASURES CONTAINED WITHIN THE ACT. LENGTHENING THE FINAL LIMITS IS BOTH UNNECESSARY AND CONTRARY TO THE DESIRE OF CONGRESS IN PASSING THE ACT. THE ACT SHOULD BE SEEN AS THE CULMINATION OF SEVERAL DECADES OF REFORM, RATHER THAN AS A SUDDEN ENCROACHMENT ON THE POWERS OF THE COURTS. ANALYSIS OF THE ACT'S OPERATION IN CONNECTICUT, NEW JERSEY, AND NEW YORK CONCLUDES THAT THE INCREASED EMPHASIS ON CRIMINAL CASES NEED NOT AFFECT THE COURTS' ABILITY TO HANDLE THEIR CIVIL CASELOADS. TO ALLEVIATE TIME PRESSURES IN THE PREPARATION OF DEFENSES, SEVERAL COURTS ALLOW DEFENDANTS TO WAIVE THE TIME LIMITS. WAIVER IS INCONSISTENT WITH THE PURPOSE OF THE ACT, HOWEVER, AND THE USE OF THE STATUTE CONTINUANCE PROVISIONS IS A PREFERRABLE METHOD OF EXTENDING THE TIME FOR PREPARATION. THE DEFENDANT'S RIGHT TO A CONTINUANCE IS PROTECTED BY THE SIXTH AMENDMENT PROVISION FOR ADEQUATE LEGAL COUNSEL. IF IN A PARTICULAR JURISDICTION THE ACT PROVES UNWORKABLE, THE JUDICIAL EMERGENCY SECTION ALLOWS THE SUSPENSION OF THE TIME LIMITS FOR 1 YEAR. THE INVOCATION OF THIS PROVISION IS PREFERRED TO AMENDING THE ACT ITSELF. FOOTNOTES ARE PROVIDED. (TWK).