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NCJ Number: 36178 Find in a Library
Title: THAT CAN OF WORMS - THE SPEEDY TRIAL ACT
Journal: AMERICAN BAR ASSOCIATION JOURNAL  Volume:62  Dated:(JULY 1976)  Pages:862-864
Author(s): A KOZINSKI
Corporate Author: American Bar Association
United States of America
Date Published: 1976
Page Count: 3
Sponsoring Agency: American Bar Association
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE ANALYZES HOW THE SPEEDY TRIAL ACT OF 1974 IS LIKELY TO AFFECT THE ADMINISTRATION OF FEDERAL CRIMINAL TRIALS IN FUTURE YEARS.
Abstract: THE BASIC SCHEME OF THE ACT IS TO DIVIDE THE TIME BETWEEN ARREST (OR SERVICE OF SUMMONS) AND THE COMMENCEMENT OF TRIAL INTO THREE PERIODS, PROVIDING RESTRICTIONS WITHIN WHICH EACH SEGMENT MUST BE COMPLETED. THESE PERIODS ARE: (1) FROM ARREST TO THE FILING OF THE INDICTMENT OR INFORMATION; (2) FROM THE FILING OF THE INDICTMENT OR INFORMATION TO ARRAIGNMENT: AND (3) FROM ARRAIGNMENT TO TRIAL. ULTIMATELY, THIRTY DAYS WILL BE ALLOTTED TO THE FIRST PERIOD, TEN TO THE SECOND, AND SIXTY TO THE THIRD. THESE 'PERMANENT LIMITS', HOWEVER, ARE NOT TO TAKE EFFECT UNTIL JULY 1, 1979. IN THE MEANTIME, THREE SETS OF TRANSITIONAL LIMITS, IMPOSED IN YEARLY SUCCESSION COMMENCING JULY 1 OF THIS YEAR, WILL IMPLEMENT A PROGRAM OF INCREASINGLY STRINGENT LIMITATIONS. POTENTIAL IMPLEMENTATION PROBLEMS IDENTIFIED INCLUDE THE EXISTENCE OF A SUPERSEDING SET OF TIME LIMITS APPLICABLE ONLY TO CERTAIN CLASSES OF DEFENDANTS, SEPARATE COMPLIANCE PLANS FOR EACH FEDERAL DISTRICT, DIFFERENCES IN THE CASELOAD AND GEOGRAPHY OF THE VARIOUS DISTRICTS WHICH AFFECT UNIFORM PROCEDURE ADVISABILITY, AND A SERIES OF EXCLUSIONS FROM THE COMPUTATION OF ELAPSED TIME. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Federal Code; Federal courts; Right to speedy trial
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=36178

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