Speedy trial

Criminal procedure
Criminal trials and convictions
Rights of the accused
Fair trial · Speedy trial Jury trial · Counsel Presumption of innocence Exclusionary rule1 Self-incrimination Double jeopardy2
Verdict
Conviction · Acquittal Not proven3 Directed verdict
Sentencing
Mandatory · Suspended Custodial Dangerous offender4, 5 Capital punishment Execution warrant Cruel and unusual punishment Life · Indefinite
Post-sentencing
Parole · Probation Tariff6 · Life licence6 Miscarriage of justice Exoneration · Pardon Sexually violent predator legislation1
Related areas of law
Criminal defenses Criminal law · Evidence Civil procedure
Portals
Law · Criminal justice
1 US courts. 2 Not in English/Welsh courts. 3 Scottish courts. 4 English/Welsh courts. 5 Canadian courts. 6 UK courts.
v · d · e

Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, guaranteed by the Sixth Amendment, is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair trial. In adjudicating speedy trial claims, the Supreme Court has developed a four-part test that considers the length of the delay, the reasons for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant (Barker v. Wingo, 407 U.S. 514 (1972)).

Violations of the principle, such as where the state has failed to bring the case to trial for an "unreasonable" length of time, may be a cause for dismissal of a criminal case.

In the United States, the length of time can either be defined by statute (for example, in New York, the prosecution must be "ready for trial" within six months on all felonies except murder, or the charges are dismissed by action of law without regard to the merits of the case), or determined by a court under a substantive theory based on the Sixth Amendment; which states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..." This argument is typically made in cases in which a significant amount of time has lapsed between the date of the commission of the crime and the date of arrest.

Most, if not all, statutes defining the period of speedy trial time also include various exceptions to this rule. Examples of such exceptions are periods of time in which the delay preceding the trial is due to the request of the defense, or if there is good cause.

See also

• Continuance
• Article 6 of the European Convention on Human Rights
• Section Eleven of the Canadian Charter of Rights and Freedoms

External links

• Fair Trial, Criminal - Impartiality., Speedy Trial., The Right to Confront Witnesses., Prejudicial Publicity and Cameras in Court

This article about a criminal law topic is a stub. You can help Wikipedia by expanding it.v · Categories: Criminal law Rights of the accused Types of trials Criminal law stubs Wikimedia Foundation. 2010. Игры ⚽ Поможем написать реферат Meharry Medical College Curb Your Enthusiasm Look at other dictionaries: speedy trial — / spē dē / n: a trial conducted according to prevailing rules and procedures that takes place without unreasonable or undue delay or within a statutory period ◇ The right to a speedy trial is guaranteed to criminal defendants by the Sixth… …   Law dictionary speedy trial — The right of the accused to a speedy trial is guaranteed by the Sixth Amendment of the Constitution and such right is implemented by 18 U.S.C.A. No. 3161 et seq. and Fed.R.Crim.P. 50. Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101,… …   Black's law dictionary speedy trial — A right of an accused. 21 Am J2d Crim L § 241. A trial conducted according to fixed rules, regulations, and proceedings of law, free from vexatious, capricious, and oppressive delays. State v Jackson, 228 Or 371, 365 P2d 294, 89 ALR2d 1225;… …   Ballentine's law dictionary Speedy Trial Act — Federal law establishing time limits for carrying out major events, i.e. indictment, arraignment, etc., in a criminal prosecution. Short Dictionary of (mostly American) Legal Terms and Abbreviations …   Law dictionary speedy trial — …   Useful english dictionary right to speedy trial — See speedy trial …   Ballentine's law dictionary trial — tri·al n [Anglo French, from trier to try]: a judicial examination of issues of fact or law disputed by parties for the purpose of determining the rights of the parties compare hearing, inquest at trial: in or during the course of a trial Merriam …   Law dictionary trial — A judicial examination and determination of issues between parties to action, whether they be issues of law or of fact, before a court that has jurisdiction. Tittsworth v. Chaffin, Mo.App., 741 S.W.2d 314, 317. A judicial examination, in… …   Black's law dictionary trial — n. legal proceedings 1) to conduct, hold a trial 2) to bring smb. to trial; to put smb. on trial 3) to stand trial for (he stood trial for embezzlement) 4) to go to trial (the case went to trial) 5) to waive a (jury) trial (the accused waived a… …   Combinatory dictionary speedy — [[t]spi͟ːdi[/t]] speedier, speediest ADJ GRADED: usu ADJ n A speedy process, event, or action happens or is done very quickly. We wish Bill a speedy recovery... This would be a very speedy trial... I ll sell at a discount in return for a speedy… …   English dictionary 18+ © Academic, 2000-2024 Contact us: Technical Support, Advertising Dictionaries export, created on PHP, Joomla, Drupal, WordPress, MODx. Mark and share Search through all dictionaries Translate… Search Internet Share the article and excerpts Direct link … Do a right-click on the link above and select “Copy Link”