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.  
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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>
  
  

Revision as of 22:59, 20 June 2010

  1. Smith v. Hooey, 393 U.S. 374 (1969)