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Criminal Procedure • 14th Amendment
CRIMPRO#042
Legal Definition
A defendant has a 6th Amendment Right to a speedy trial, a violation of which is determined by the totality of the circumstances. Factors considered include: (1) length of delay, (2) reason for delay, (3) whether defendant asserted his right, and (4) prejudice to the defendant. The right attaches when the defendant has been arrested or charged. The remedy for violation is dismissal with prejudice.
Plain English Explanation
Though defendant's have a right to a "speedy trial," what actually constitutes "speedy" will vary jurisdiction to jurisdiction. What's common among jurisdictions is their appreciation for circumstance in figuring out whether or not this right has been violated. Some factors the courts consider include:
(1) The length of the delay. Was the delay an hour? A day? A year?
(2) The reason for the delay. Did someone forget about the defendant? Or was there a global pandemic that caused massive strains on government services?
(3) Whether the defendant has asserted their right to a speedy trial. After all, if the defendant doesn't seem to mind, then why should the government get in trouble for delay?
(4) Did the delay prejudice the defendant? Evidence gets old and stale. Witnesses sometimes die. A delay can cause a case that may have gone well for a defendant to result in a conviction simply because they are unable to provide as strong of a defense after too long of a wait.
(1) The length of the delay. Was the delay an hour? A day? A year?
(2) The reason for the delay. Did someone forget about the defendant? Or was there a global pandemic that caused massive strains on government services?
(3) Whether the defendant has asserted their right to a speedy trial. After all, if the defendant doesn't seem to mind, then why should the government get in trouble for delay?
(4) Did the delay prejudice the defendant? Evidence gets old and stale. Witnesses sometimes die. A delay can cause a case that may have gone well for a defendant to result in a conviction simply because they are unable to provide as strong of a defense after too long of a wait.
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