Difference between revisions of "Right to a Speedy Trial"
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| − | 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. |
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| + | 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> | ||
