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NCJRS Abstract

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NCJ Number: 147982 Find in a Library
Journal: Journal of Criminal Law and Criminology  Volume:83  Issue:4  Dated:(Winter 1993)  Pages:804-835
Author(s): S M Wernikoff
Date Published: 1993
Page Count: 32
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This Note examines Sixth Amendment Speedy Trial protection.
Abstract: In Doggett v. United States, the United States Supreme Court extended Sixth Amendment speedy trial protection to a defendant unaware of his indictment. This Note argues that the Court reasonably extended the right of the accused under the Sixth Amendment to an individual unaware of an indictment against him. The Note argues that the Court majority correctly extended the Sixth Amendment to protect against defense impairment caused by long delays. Therefore, defendants unaware of the charges against them can still base a speedy trial claim on the impairment of their defense, regardless of whether liberty infringement has occurred. This Note further argues that the Court majority properly found that, in cases where lengthy delays occur, the defendant should not have to prove actual prejudice. The Court failed, however, to distinguish between extraordinary delays, which foster presumed prejudice, and shorter delays which do not. Finally, this Note argues that the Court wisely held the Government to a higher prosecutorial due diligence standard. Footnotes
Main Term(s): Criminal law
Index Term(s): Courts; Defendants; Indictment; Right to speedy trial
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