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NCJRS Abstract

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NCJ Number: 122967 Find in a Library
Title: Sixth Amendment Right to a Speedy and Public Trial
Journal: American Criminal Law Review  Volume:26  Issue:4  Dated:(Spring 1989)  Pages:1489-1505
Author(s): N Nicholaidis
Date Published: 1989
Page Count: 17
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The Sixth Amendment rights to a speedy and public trial were conceived as distinct human protections, but were considered jointly in ancient English and American colonial history and then separately starting in 1974.
Abstract: Four cases starting in 1948 have established the basic principles regarding the right to a public trial. These decisions have defined both the defendant's rights and the public's right of access to criminal trials under the First Amendment. In 1974, Congress passed the Speedy Trial Act, which established a prosecutorial deadline of 30 days for setting a trial date. Congress has also listed specific exceptions, resulting in flexibility in measuring the speed of proceedings. In the future, the defendant's right to request a private trial is likely to be narrowed further. In addition, the courts are likely to continue to protect the right to a speedy public trial under the Speedy Trial Act. 143 footnotes.
Main Term(s): Right to speedy trial
Index Term(s): Access to courts; Right to fair trial; Right to public trial; Speedy Trial Act of 1974; US Supreme Court decisions
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