Right to a Speedy Trial - Revision history

Jbraun: /* Kenya */

2010-11-17T14:26:30Z

Kenya

← Older revision		Revision as of 16:26, 17 November 2010
Line 40:		Line 40:

	Constitution		Constitution

			The right to a speedy trial is aimed at ensuring that an accused is not subjected to lengthy periods of incarceration before trial begins. The right is guaranteed under Article 50(2)(e) of the Constitution, which states that an accused person is entitled to have the trial begin and conclude without unreasonable delay.

	* 72(3) A person who is arrested or detained		* 72(3) A person who is arrested or detained

Ibjadmin: /* Uganda */

2010-10-28T12:18:56Z

Uganda

← Older revision		Revision as of 14:18, 28 October 2010
Line 54:		Line 54:
	Constitution		Constitution

	* 23 article 6. Where a person is arrested in respect of a criminal		* 23 article 6. Where a person is arrested in respect of a criminal offence
	** (b) in the case of an offence which is triable by the High Court as well as by a subordinate court, the person shall be released on bail on such conditions as the court considers reasonable, if that person has been remanded in custody in respect of the offence before trial for one hundred and twenty days;		** (b) in the case of an offence which is triable by the High Court as well as by a subordinate court, the person shall be released on bail on such conditions as the court considers reasonable, if that person has been remanded in custody in respect of the offence before trial for one hundred and twenty days;
	** (c) in the case of an offence triable only by the High Court, the person shall be released on bail on such conditions as the court considers reasonable, if the person has been remanded in custody for three hundred and sixty days before the case is committed to the High Court.		** (c) in the case of an offence triable only by the High Court, the person shall be released on bail on such conditions as the court considers reasonable, if the person has been remanded in custody for three hundred and sixty days before the case is committed to the High Court.

Ibjadmin: /* =United States */

2010-06-20T21:24:20Z

=United States

← Older revision		Revision as of 23:24, 20 June 2010
Line 22:		Line 22:
	**(c) sixty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of not more than three months and none of which is a crime punishable by a sentence of imprisonment of more than three months;		**(c) sixty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of not more than three months and none of which is a crime punishable by a sentence of imprisonment of more than three months;
	**(d) thirty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a violation and none of which is a crime.		**(d) thirty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a violation and none of which is a crime.
	===United States==		===United States===
	In the United States, a defendant has the right to a speedy trial under the Sixth Amendment "In all criminal prosecutions, the accused shall enjoy the right to a speedy trial"<ref>U.S. Constitution, 6th Amendment</ref>		In the United States, a defendant has the right to a speedy trial under the Sixth Amendment "In all criminal prosecutions, the accused shall enjoy the right to a speedy trial"<ref>U.S. Constitution, 6th Amendment</ref>. The U.S. Supreme Court analyzes four factors when determining if this right has been violated:
			#length of delay
			#reason for delay
			#whether defendant claimed speedy trial
			#prejudice resulting from the delay.<ref>Barker v. Wingo, 407 U.S. 514 (1972)</ref>

			Both the Federal Court and most state courts have adopted strict time limits that protect the defendant's right to a speedy trial.

	===India===		===India===

Ibjadmin: /* New York, United States */

2010-06-20T21:20:43Z

New York, United States

← Older revision		Revision as of 23:20, 20 June 2010
Line 22:		Line 22:
	**(c) sixty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of not more than three months and none of which is a crime punishable by a sentence of imprisonment of more than three months;		**(c) sixty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of not more than three months and none of which is a crime punishable by a sentence of imprisonment of more than three months;
	**(d) thirty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a violation and none of which is a crime.		**(d) thirty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a violation and none of which is a crime.
			===United States==
			In the United States, a defendant has the right to a speedy trial under the Sixth Amendment "In all criminal prosecutions, the accused shall enjoy the right to a speedy trial"<ref>U.S. Constitution, 6th Amendment</ref>

	===India===		===India===

Ibjadmin: /* Uganda */

2010-06-20T21:11:38Z

Uganda

← Older revision		Revision as of 23:11, 20 June 2010
Line 53:		Line 53:
	----		----
	See [[Rights of the Accused]]		See [[Rights of the Accused]]

			==Notes==
			<references/>

Ibjadmin at 21:11, 20 June 2010

2010-06-20T21:11:10Z

← Older revision		Revision as of 23:11, 20 June 2010
Line 1:		Line 1:
	The right to a speedy trial is intended to guarantee that defendants are not subjected to prolonged or unreasonable periods of pre-trial detention. The exact scope of the right depends on the jurisdiction. In some cases, a flexible "reasonableness" standard is utilized while in other cases the prosecution is tasked with being ready for trial by a fixed deadline. Speedy trial protects "at least three basic demands of criminal justice . . . '[1] to prevent undue and oppressive incarceration prior to trial, [2] to minimize anxiety and concern accompanying public accusation, and [3] to limit the possibilities that long delay will impair the ability of an accused to defend himself."<ref> Smith v. Hooey, 393 U.S. 374 (1969)</ref>		The right to a speedy trial is intended to guarantee that defendants are not subjected to prolonged or unreasonable periods of pre-trial detention. The exact scope of the right depends on the jurisdiction. In some cases, a flexible "reasonableness" standard is utilized while in other cases the prosecution is tasked with being ready for trial by a fixed deadline. Speedy trial protects "at least three basic demands of criminal justice . . . '[1] to prevent undue and oppressive incarceration prior to trial, [2] to minimize anxiety and concern accompanying public accusation, and [3] to limit the possibilities that long delay will impair the ability of an accused to defend himself."<ref> Smith v. Hooey, 393 U.S. 374 (1969)</ref> Long periods of pre-trial detention can result in job loss and disruption to family life.

			Speedy trial also serves an important function in deterrence of crime as studies have shown that the shorter the time between the violation and the punishment, the more effective the deterrent effect.<ref> Jeffrey Rosen, Prisoners on Parole, NY Times, January 10, 2010 </ref>

Ibjadmin at 20:59, 20 June 2010

2010-06-20T20:59:57Z

← Older revision		Revision as of 22:59, 20 June 2010
Line 1:		Line 1:
	The right to a speedy trial is intended to guarantee that defendants are not subjected to prolonged or unreasonable periods of pre-trial detention. The exact scope of the right depends on the jurisdiction. In some cases, a flexible "reasonableness" standard is utilized while in other cases the prosecution is tasked with being ready for trial by a fixed deadline.		The right to a speedy trial is intended to guarantee that defendants are not subjected to prolonged or unreasonable periods of pre-trial detention. The exact scope of the right depends on the jurisdiction. In some cases, a flexible "reasonableness" standard is utilized while in other cases the prosecution is tasked with being ready for trial by a fixed deadline. Speedy trial protects "at least three basic demands of criminal justice . . . '[1] to prevent undue and oppressive incarceration prior to trial, [2] to minimize anxiety and concern accompanying public accusation, and [3] to limit the possibilities that long delay will impair the ability of an accused to defend himself."<ref> Smith v. Hooey, 393 U.S. 374 (1969)</ref>

Ibjadmin: /* Rights of the accused */

2010-06-08T20:29:32Z

Rights of the accused

@@ Line 48: / Line 48: @@
 ** (c) in the case of an offence triable only by the High Court, the person shall be released on bail on such conditions as the court considers reasonable, if the person has been remanded in custody for three hundred and sixty days before the case is committed to the High Court.
-'''Table of Contents'''
+----
-===Rights/ Protections from Police===
+See [[Rights of the Accused]]

Ddemetriou at 13:06, 1 June 2010

2010-06-01T13:06:34Z

← Older revision		Revision as of 15:06, 1 June 2010
Line 51:		Line 51:

	'''Table of Contents'''		'''Table of Contents'''
			===Rights/ Protections from Police===
	== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
	* [[Confessions]]		* [[Confessions]]
Line 60:		Line 59:
	* [[Search and Seizure]]		* [[Search and Seizure]]

	== Rights during Detention ==		===Rights during Detention===
	* [[Freedom from Punishment]]		* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
Line 66:		Line 65:
	* Right to medical care		* Right to medical care

	== Rights at Trial ==		===Rights at Trial===
	* [[Double Jeopardy]]		* [[Double Jeopardy]]
	* [[Legality Principle]]		* [[Legality Principle]]
Line 78:		Line 77:
	* Right to Trial by Jury		* Right to Trial by Jury

	== Sentencing ==		===Sentencing===
	* [[Death Sentence]]		* [[Death Sentence]]
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
Line 86:		Line 85:
	* Right Not to be Fined Excessively		* Right Not to be Fined Excessively

	== Rights in Prison ==		===Rights in Prison===

Agaiser at 11:26, 1 June 2010

2010-06-01T11:26:53Z

← Older revision		Revision as of 13:26, 1 June 2010
Line 52:		Line 52:
	'''Table of Contents'''		'''Table of Contents'''

	===Rights ~~with~~ Police ===		== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
			* [[Confessions]]
			* [[Pretrial Identification]]
			* [[Right to Counsel]]
	* [[Right to Silence]]		* [[Right to Silence]]
	* [[Search and Seizure]]		* [[Search and Seizure]]
	* [[Right to Counsel]]
	* [[Confessions]]
	* [[Pretrial Identification]]

	===Rights at Detention===		== Rights during Detention ==
			* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
	* [[Right to Habeas Corpus]]		* [[Right to Habeas Corpus]]
	* [[Right to be free of punishment]]
	* Right to medical care		* Right to medical care

	===Rights at Trial===		== Rights at Trial ==
	* [[~~Right to a Fair Trial~~]]		* [[Double Jeopardy]]
	* [[~~Right to Notice of Charges~~]]		* [[Legality Principle]]
	* ~~Right to Trial by Jury~~		* [[Presumption of Innocence]]
	* [[Right to Compulsory Process]]		* [[Right to Compulsory Process]]
	* [[Right to Confront Witnesses]]		* [[Right to Confront Witnesses]]
			* [[Right to Counsel (Trial)\| Right to Counsel]]
			* [[Right to Fair Trial]]
			* [[Right to Notice of Charges]]
	* [[Right to a Speedy Trial]]		* [[Right to a Speedy Trial]]
	* [[Right to ~~Counsel (~~Trial~~)\| Right to Counsel]]~~		* Right to Trial by Jury
	* [[Presumption of Innocence]]
	* [[Double Jeopardy]]

	~~===Sentencing===~~

	* Right to sentence free of torture		== Sentencing ==
	* [[Right to sentence without cruel or unusual punishment]]
	* [[Death Sentence]]		* [[Death Sentence]]
	* Right to fines that are not excessive
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
			* [[Freedom from Cruel or Unusual Punishment]]
			* Freedom from Torture
	* [[Right to Appeal]]		* [[Right to Appeal]]
			* Right Not to be Fined Excessively

	===Rights in Prison===		== Rights in Prison ==