skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 64638 Find in a Library
Title: SPEEDY TRIAL ACT AT THE CROSSROADS (FROM SPEEDY TRIAL ACT AMENDMENTS OF 1979 - HEARINGS, 1979 - SEE NCJ-64636)
Author(s): D J FREED
Corporate Author: US Congress
Senate Cmtte on the Judiciary
United States of America
Date Published: 1979
Page Count: 6
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
US Congress
Washington, DC 20510
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Type: Legislative/Regulatory Material
Language: English
Country: United States of America
Annotation: A LAW SCHOOL PROFESSOR FAVORED DEFERRAL OF AMENDMENTS TO THE SPEEDY TRIAL ACT OF 1974 AT PUBLIC HEARINGS HELD IN MAY 1979 BEFORE THE SENATE COMMITTEE ON THE JUDICIARY.
Abstract: AT THE TIME OF THE HEARINGS, THE ACT WAS APPROACHING THE DATE OF IMPLEMENTATION (JULY 1, 1979). THE ACT SPECIFIES FORMAL LIMITS OF TRIAL WITHIN 100 DAYS AFTER ARREST OR 70 DAYS AFTER INDICTMENT. HOWEVER, THE ACT HAS PASSED THROUGH A DIFFICULT TRANSITION PERIOD FROM 1975 TO 1979, AND CAREFUL MONITORING OF EXPERIENCE WITH THE 1979 TIME LIMITS AND SANCTIONS IS DESIRABLE. THE PROCESS OF WEIGHING AMENDMENTS SHOULD BE DEFERRED UNTIL THE ACT HAS BEEN PUT INTO EFFECT AND ASSESSED. FOR INSTANCE, AMENDMENTS TO EXTEND THE TIME LIMITS ARE PREMATURE, EXCLUSIONS CRITICIZED AS BEING VAGUED SHOULD BE SEEN AS SPECIFICALLY DESIGNED TO TAKE ACCOUNT OF THE LEGITIMATE NEEDS OF THE PARTIES FOR COUNSEL OF THEIR CHOICE AND FOR REASONABLE TIME AND NOTICE TO PREPARE FOR TRIAL, AND THE 1978-79 DEVELOPMENTS SHOULD SHOW A VASTLY INCREASED JUDICIARY AND A SUBSTANTIALLY REDUCED CRIMINAL BACKLOG; ALL THESE DEVELOPMENTS SHOULD BE PERMITTED TO RUN THEIR COURSE BEFORE AMENDMENTS ARE MADE. THE MOST SIGNIFICANT NEED OF THE MOMENT IS TO ENSURE THAT PLANNING GROUPS DO NOT FADE INTO OBLIVION, THAT CAREFUL MONITORING OF EXPERIENCE WITH THE 1979 LIMITS AND SANCTIONS IS CARRIED ON, AND THAT INTERCHANGE OF INNOVATION TO HELP LAGGING DISTRICTS IS ENCOURAGED. (DEP)
Index Term(s): Defendants; Federal courts; Law reform; Laws and Statutes; Right to speedy trial; Speedy Trial Act of 1974
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64638

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.