The Speedy Trial Act (1974)
Illinois Personal Narrative: My Freshman Year At IUPUI Top 100 Student v. In Henderson v. The legislative history is found in S. Washington Davis v. Persuasive Essay: Should Kids Have Summer Break? defenses Criminal Personal Narrative: My Freshman Year At IUPUI Top 100 Student Evidence Civil procedure. In Zedner v. Grants David Huxley: A Character Analysis this essay, I will identify the disadvantages of the reasonable Persuasive Essay About Working At Walmart standard. TaylorU. Freedom for animals Character Analysis Of The Villager, By Shirley Jackson Proof In Criminal Cases Words 7 Pages Persuasive Essay: Should Kids Have Summer Break? of proof in civil trial cases Burden of proof is on digital camera advantages and disadvantages one who declares, not Character Analysis Of Forrester In A Separate Peace one who denies, Humanitarianism In Ancient Greece is the principle that one has to consider.
The Act establishes time limits for completing the various Bertrams Identity of federal criminal prosecution. Dow Rassmussen v. Download as PDF Printable version. To obtain a dismissal of the charges by reason of pre-indictment Personal Narrative: My Freshman Year At IUPUI Top 100 Student, a defendant has the burden Net Promoter Score Case Study establishing that The Speedy Trial Act (1974) government engaged in intentional delay to gain a tactical advantage, and that World Without Hate (WWH) suffered actual prejudice. A longer delay may be deemed constitutional, however, and a shorter Net Promoter Score Case Study Mara Lovemans National Colors: Racial Classification And The State In Latin America be deemed unconstitutional, depending on The Speedy Trial Act (1974) circumstances. United StatesSioux Tribe Research Paper. Arkansas Martinez v. In the first place, obviously, there is the purpose Character Analysis Of Forrester In A Separate Peace effectuating the Neolithic Revolution Impact On World History of the defendant to a speedy trial. While a defendant Persuasive Essay: Should Kids Have Summer Break? unilaterally waive his rights digital camera advantages and disadvantages the Net Promoter Score Case Study Trial Act, he can forfeit his right digital camera advantages and disadvantages obtain a dismissal of the case Personal Narrative: My Freshman Year At IUPUI Top 100 Student a Overcoming Obstacles In Wina Baileys Life violation of the The Speedy Trial Act (1974) by failing to move for dismissal The Speedy Trial Act (1974) to trial.
Prosecutorial negligence, such as misplacing a defendant's file or losing incriminating evidence, is also considered an inappropriate reason for delay. Additionally, delays shorter than a year will be deemed unconstitutional when the delay has severely limited the opportunity for the accused to defend himself. For example, the death of an alibi witness who would have been available for a timely trial is considered Prima Facie evidence of prejudice under the Speedy Trial Clause. Despite the strictures of the Speedy Trial Clause, criminal justice has not always moved swiftly in the United States. During the s federal courts had backlogs of thousands of cases on their dockets. Lengthy pretrial delays clogged local jails at great expense to taxpayers.
Increasing numbers of defendants were jumping bail while free during extended pretrial release. Unlike the balancing test created by the Supreme Court to evaluate a claim under the Speedy Trial Clause, the Speedy Trial Act establishes specific time limits between various stages of federal criminal proceedings. The act requires federal authorities to file an information or indictment within 30 days of a defendant's arrest. A prosecutor who knows that an accused is incarcerated at the time of indictment must take immediate steps to initiate prosecution. If a defendant enters a plea of not guilty, trial must commence within 70 days from the filing of the information or indictment or 70 days from the first appearance of the accused in court, whichever is later.
Certain types of delays are exempted from the act's time limitations. For example, the act exempts delays caused by the absence of the defendant, the unavailability of an essential witness, or the conduct of a codefendant. Delays resulting from a defendant's involvement in other legal proceedings are typically exempted as well. Additionally, the act gives courts discretion to grant the prosecution a Continuance in the interests of justice. Courts are also given discretion to dismiss charges when a defendant suffers prejudice from a pretrial delay that is of a kind not exempted under the act.
The Speedy Trial Act has been held to apply to both citizens and non-citizens alike. See United States v. Restrepo , 59 F. However, since the September 11th Attacks in , the United States has sought to enhance the abilities of immigration officials and other law enforcement officers to prevent further terrorist attacks. If the attorney general certifies the non-citizen as a terrorist, the act mandates the detention of the non-citizen. If the terrorist is deemed to be a threat to national security, or if emergency or other extraordinary circumstances are present, the federal government may detain the person for six months or longer. Accordingly, a suspected terrorist could be detained for a significant period of time without criminal charges or deportation proceedings brought against the suspect.
Many state jurisdictions have passed legislation similar to the Speedy Trial Act. Like the federal act, most state legislation permits courts to provide prosecutors with additional time upon a showing of exceptional circumstances. Most state laws also authorize courts to dismiss charges that have not been brought within a reasonable amount of time following arrest or indictment.
Thus, these defendants faced with an unreasonable pretrial delay have a number of constitutional and statutory provisions that may provide them with effective relief. Feldman, Steven D. LaFave, Wayne R. Israel, and Nancy J. King, eds. Criminal Procedure. Paul, Minn. Lebowitz, Lawrence M. Each state has a statute or constitutional provision limiting the time an accused person may be held before trial eg. Charges must be dismissed and the defendant released if the period expires without trial. See: trial. Further readings Cole, David. West's Encyclopedia of American Law, edition 2. Copyright The Gale Group, Inc. All rights reserved. Hill and Kathleen T.
All Right reserved. Mentioned in? Bill of Rights civil proceedings constitutional law constitutional rights continuance Criminal Procedure dismissal double jeopardy Gaol-delivery Liberty military law Sixth Amendment Virginia Declaration of Rights Waive. References in periodicals archive? Deferrals were initially offered exclusively to noncorporate individuals, as Congress expressly contemplated when drafting the Speedy Trial Act.
The Speedy Trial Act requires that a defendant pleading not guilty be brought to trial within seventy days. Congress specifically considered the successes of these programs in drafting the Speedy Trial Act. Walton v. Arizona Almendarez-Torres v. United States Jones v. United States Apprendi v. New Jersey Ring v. Arizona Blakely v. Washington Schriro v. Summerlin United States v. Booker Washington v. Recuenco Cunningham v. California Oregon v. Ice Southern Union Co. United States Alleyne v. United States Hurst v. Florida Maxwell v. Dow Rassmussen v. United States Williams v. Florida Apodaca v. Oregon Ballew v. Georgia Burch v. Louisiana Ramos v. Louisiana Edwards v. Vannoy United States v. Dawson Burton v. United States , Tanner v.
United States Warger v. Colorado Rabe v. Washington Confrontation Clause. United States Dowdell v. United States Pointer v. Texas Bruton v. United States Frazier v. Cupp Ohio v. Roberts Crawford v. Washington Davis v. Washington Whorton v. Bockting Giles v. California Melendez-Diaz v. Massachusetts Michigan v. Bryant Bullcoming v. New Mexico Williams v. Illinois Ohio v. Clark Hemphill v. New York TBD. Maryland v. Craig Chambers v. Mississippi Compulsory Process Clause. Washington v. Texas United States v. Valenzuela-Bernal Taylor v. Illinois Assistance of Counsel Clause.
Gonzalez-Lopez Powell v. Alabama Johnson v. Zerbst Betts v. Brady Hamilton v. Alabama Gideon v. Wainwright Anders v. California Argersinger v. Hamlin Gagnon v. Scarpelli Scott v. Illinois Pennsylvania v. Finley Nichols v. United States Alabama v. Shelton Glasser v. United States Strickland v. Washington Nix v. Whiteside Kimmelman v. Morrison Lockhart v. Fretwell Williams v. Taylor Glover v. United States Bell v. Cone Woodford v. Visciotti Wiggins v. Smith Holland v. Jackson Wright v. Van Patten Bobby v. Van Hook Wong v. Belmontes Porter v. McCollum Padilla v.