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PREPARED STATEMENT OF PHILIP HEYMANN (FROM SPEEDY TRIAL ACT AMENDMENTS OF 1979 - HEARINGS, 1979 - SEE NCJ-64636)

NCJ Number
64637
Author(s)
P HEYMANN
Date Published
1979
Length
10 pages
Annotation
A DEPARTMENT OF JUSTICE OFFICIAL SUPPORTED AMENDMENTS TO THE SPEEDY TRIAL ACT OF 1974 AT PUBLIC HEARINGS HELD IN MAY 1979 BEFORE THE SENATE COMMITTEE ON THE JUDICIARY.
Abstract
PHILIP HEYMANN STATED THAT THE AMENDMENTS ARE INTENDED TO SAFEGUARD SPEEDY TRIAL RIGHTS OF CRIMINAL DEFENDANTS BY ENLARGING THE ACT'S FINAL TIME LIMITS TO REQUIRE THAT A DEFENDANT BE CHARGED WITHIN 60 DAYS OF ARREST AND THAT TRIAL BEGIN WITHIN 120 DAYS AFTER THE CHARGE HAS BEEN FILED. IT IS ENVISIONED THAT THE AMENDMENTS WILL ACCOMMODATE OBJECTIVES OF THE ACT MORE EFFECTIVELY AND EFFICIENTLY AND ALSO ALLOW TIME FOR BOTH SIDES TO PREPARE THEIR CASES ADEQUATELY. CASES WILL BE PROCESSED WITHIN QUANTIFIED LIMITS SET BY CONGRESS RATHER THAN ON A DISCRETIONARY BASIS DETERMINED BY PARTIES IN INDIVIDUAL TRIALS. THERE WILL BE AN OVERALL COURT-PROSECUTOR-DEFENSE EFFORT TO BRING SYSTEM CONCEPTS TO THE MANAGEMENT OF LITIGATION DOCKETS. PRETRIAL DETENTION AND RECIDIVISTIC CRIME WILL BE MINIMIZED, AND THE NUMBER OF DISMISSALS AND ATTENDANT WASTE OF RESOURCES WILL BE REDUCED. A SECTION-BY-SECTION REVIEW OF AMENDMENT PROVISIONS IS INCLUDED. (DEP)