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: 64642 Find in a Library
Title: RIGHT TO A SPEEDY TRIAL - A MANUAL FOR LAWYERS, JUDGES AND LEGISLATORS (FROM SPEEDY TRIAL ACT AMENDMENTS OF 1979 - HEARINGS, 1979 - SEE NCJ-64636)
Author(s): N S SOLOMON
Corporate Author: US Congress
Senate Cmtte on the Judiciary
United States of America
Date Published: 1979
Page Count: 31
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: THIS MANUAL IS INTENDED TO MAKE ATTORNEYS AWARE OF THE NEED TO PROTECT A DEFENDANT'S RIGHT TO A SPEEDY TRIAL.
Abstract: DISCUSSION IS BUILT ON THE THREE PURPOSES OF GUARANTEEING THE RIGHT TO A SPEEDY TRIAL: TO PROTECT ACCUSED PERSONS AGAINST EXTENDED IMPRISONMENT BEFORE TRIAL, TO RELIEVE A DEFENDANT'S ANXIETY AND PUBLIC SUSPICION RESULTING FROM AN UNTRIED ACCUSATION OF CRIME, AND TO ASSURE ACCUSED PERSONS THEY WILL BE TRIED WHILE WITNESSES ARE AVAILABLE AND THEIR MEMORIES ARE ACCURATE. EXAMINATION OF CASE LAW DERIVES FROM EXPERIENCE WITH THE SPEEDY TRIAL ACT OF 1974, WHICH APPLIES DIRECTLY ONLY TO FEDERAL CRIMINAL DEFENDANTS; IF ACCUSED PERSONS ARE NOT BROUGHT TO TRIAL WITHIN 90 DAYS AFTER ARREST, THIS ACT REQUIRES THE DISMISSAL OF CHARGES. TWO BASIC PREMISES ARE SUPPORTED IN REVIEWING THE CASE LAW: (1) FEDERAL LAW SUPERSEDES STATE LAW IN LEGAL CONFLICTS AND (2) THE RIGHT TO A SPEEDY TRIAL IS A FUNDAMENTAL RIGHT. FACTORS TO CONSIDER IN DETERMINING WHETHER A DELAY VIOLATES THAT FUNDAMENTAL RIGHT ARE ALSO NOTED, SUCH AS LENGTH OF DELAY, REASON FOR DELAY, AND WHETHER A DEFENDANT DEMANDED A SPEEDY TRIAL. FINALLY, VARIOUS SPEEDY TRIAL LAWS ARE COMPARED. (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=64642

*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.