Difference between revisions of "Right to a Speedy Trial"
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**(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=== | ||
