FACTOID # 90: Russia has almost twice as many judges and magistrates as the United States. Meanwhile, the United States has 8 times as much crime.
 
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Encyclopedia > Denial of a speedy trial

In jurisprudence, denial of a speedy trial is a procedural defense via which, a defendant argues that they should not be held criminally liable for actions which broke the law, because the criminal justice system placed them in prison for an "unreasonable" length of time (prior to any trial). In the US, this defense is based upon the 6th Constitutional Amendment; which states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..." In many jurisdictions, if a defendant remains imprisoned for more than 90-120 days, before a trial occurs, all charges are automatically dropped.


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Article 21. Rights of accused; indictment; counsel; confrontation; speedy trial; impartial and unanimous jury. (16411 words)
The speedy trial right was intended to minimize the anxiety of the accused, his family, and friends, and to protect the accused from public scorn, financial ruin, and having to curtail his speech and associations.
Factors to be considered in determining speedy trial, in addition to the length of the delay, are: (1) prejudice to the defendant; (2) the defendant's demand for a speedy trial; and (3) the reasons for the delay.
The denial of defendant's motion for post-conviction relief was reversed because the defense counsel failed to satisfy the objective standards of trial conduct by failing to present an argument as to the alleged invasiveness of a search of the defendant and to seek the suppression of evidence obtained in the search to the court.
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