Speedy trial
Encyclopedia : S : SP : SPE : Speedy trial
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| Criminal procedure |
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Speedy trial refers to one of the rights given by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair trial. Violations of the principle, such as where the State has failed to bring the case to trial for an "unreasonable" length of time, may be a cause for dismissal of a criminal case.
In the US, the length of time can either be defined by statute (for example, in New York, the prosecution must be "ready for trial" within six months on all felonies except Murder, or the charges are dismissed by action of law, without regard to the merits of the case), or determined by a court under a substantive theory based on the 6th Amendment; which states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..." This argument is typically made in cases in which a significant amount of time has lapsed between the date of the commission of the crime and the date of arrest.
Most, if not all, statutes defining the period of speedy trial time also include various exceptions to this rule. Examples of such exceptions are periods of time in which the delay preceding the trial is due to the request of the defense, or if there is good cause shown for the delay.
Courts can easily circumvent speedy trial requirments by scheduling hearings, status conferences, and other legal minutia as far apart as possible. When more time is desired, prosecutors can resort to simply filing a motion and scheduling the hearing on the motion many months in the future. This process can be repeated until years or even decades have elapsed. If the defendant responds to such motions, or otherwise participates in pre-trial legal-wrangling, the court is free to impose the opinion that the defendant has relinquished his right to a speedy trial, which removes any legal limits on further delays.
This tactic is used in conjuction with repeated offers for a plea bargain, in order to encourage the defendant-victim to "get on with his life", rather than waste time and money in endless court proceedings. See also filibuster.
See also
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