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NCJRS Abstract

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NCJ Number:	48426

Title:	SPEEDY TRIAL, CHAPTER 12 - 2ND ED. - TENTATIVE DRAFT

Author(s):	ANON

Corporate Author:	American Bar Assoc. United States of America

Date Published:	1978

Page Count:	23

Sponsoring Agency:	American Bar Assoc. Washington, DC 20036 US Dept of Justice Washington, DC 20531

Grant Number:	77-DF-99-0012

Format:	Document

Language:	English

Country:	United States of America

Annotation:	THE TRIAL CALENDAR, DETERMINING WHAT IS A SPEEDY TRIAL, SPECIAL PROCEDURES FOR PERSONS SERVING TERMS OF IMPRISONMENT, AND THE CONSEQUENCES OF DENIAL OF SPEEDY TRIAL ARE COVERED IN THESE DRAFT STANDARDS.

Abstract:	THESE DRAFTS FOR A SECOND EDITION OF THE AMERICAN BAR ASSOCIATION'S 'STANDARDS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE' CONTAIN ONLY MINOR REVISIONS. (THE FIRST EDITION WAS PUBLISHED OVER THE PERIOD 1968-1973.) THE PRINCIPLES UNDERLYING MOST OF THESE STANDARDS ARE THE PROTECTION OF THE DEFENDANT, WHO OTHERWISE WOULD NOT BE IN A POSITION TO FORCE A PROMPT TRIAL, AND PROTECTION OF THE PUBLIC INTEREST. TOPICS COVERED INCLUDE SCHEDULING OF CRIMINAL CASES, PREFERENTIAL SCHEDULING OF CASES IN WHICH THE DEFENDANT HAS BEEN DETAINED IN CUSTODY, JUDICIAL RESPONSIBILITY FOR SCHEDULING, THE NEED TO SET SPECIFIC SPEEDY TRIAL TIME LIMITS IN STATE LAW, FIGURING TIME LIMITS FOR TRIAL, AND EXCLUDED TIME. WHEN THE TRIAL INVOLVES A PERSON IMPRISONED WITHIN OR WITHOUT THE JURISDICTION, THE PROSECUTOR HAS AN OBLIGATION TO OBTAIN THE PRESENCE OF THE PRISONER, FILE A DETAINER, OR OTHERWISE MAKE A GOOD FAITH EFFORT TO ENSURE THE DEFENDANT'S PRESENCE. IF A DEFENDANT IS NOT BROUGHT TO TRIAL BEFORE THE TIME LIMIT HAS ELAPSED, THE CONSEQUENCE SHOULD BE ABSOLUTE DISCHARGE. FAILURE OF THE DEFENDANT OR DEFENDANT'S COUNSEL TO MOVE FOR DISCHARGE PRIOR TO TRIAL OR ENTRY OF A PLEA OF GUILTY SHOULD CONSTITUTE WAIVER OF THE RIGHT TO SPEEDY TRIAL. RELEASE ON RECOGNIZANCE IS ALSO COVERED. EACH STANDARD IS FOLLOWED BY A LIST OF CHANGES SINCE THE FIRST STANDARDS WERE ISSUED, A LISTING OF RELATED STANDARDS, AND A COMMENTARY. THE COMMENTARIES ARE HEAVILY FOOTNOTED. (GLR)

Index Term(s):	American Bar Association (ABA); Court case flow management; Court delays; Detainers; Judicial process; Right to speedy trial; Standards

Note:	AMERICAN BAR ASSOCIATION STANDARDS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE



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