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Encyclopedia > Speedy trial

Criminal procedure
Criminal investigation
Arrest warrant  · Search warrant
Probable cause  · Knock and announce
Exigent circumstance
Search and seizure  · Arrest
Right to silence  · Miranda warning (U.S.)
Grand jury
Criminal prosecution
Statute of limitations
Bill of attainder  · Ex post facto law
Criminal jurisdiction  · Extradition
Inquisitorial system  · Adversarial system
Arraignment  · Indictment
Nolo contendere (U.S.)  · Plea bargain
Rights of the accused
Right to a fair trial
Presumption of innocence
Jury trial  · Speedy trial
Habeas corpus  · Bail
Exclusionary rule (U.S.)
Self-incrimination  · Double jeopardy
Verdict and sentencing
Acquittal  · Conviction
Not proven (Scot.)
Mandatory sentencing
Suspended sentence
Parole  · Probation
Tariff (UK)  · Life licence (UK)
Dangerous offender (Can.)
Cruel and unusual punishment
Capital punishment  · Execution warrant
Related areas of law
Criminal defenses
Criminal law  · Evidence
Civil procedure

Speedy trial refers to one of the rights given by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair trial. 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. Image File history File links Scale_of_justice. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... A search warrant is a written warrant issued by a judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... A knock and announce warrant, in the American law of criminal procedure, requires that the officer tasked with the responsibility of executing the warrant must knock on the door of the home to be entered for a search or arrest, and to announce their purpose. ... An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if a they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. ... I love this law whereby police, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... The Chicago Police Department arrests a man A protester is arrested during a demonstration. ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... The Miranda warning is a police warning that must be given to criminal suspects in police custody in the United States before they can be asked questions relating to the commission of crimes. ... A grand jury is a type of common law jury responsible for investigating alleged crimes, examining evidence, and issuing indictments if they believe that there is enough evidence for a trial to proceed. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A statute of limitations is a statute in a common law legal system setting forth the maximum period of time, after certain events, that legal proceedings based on those events may begin. ... A bill of attainder (also known as an act or writ of attainder) was an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... Criminal jurisdiction is a term used in the law of criminal procedure to describe the power of a court to hear a case brought by the state accusing a criminal defendant of a violation of the law of the geographic area in which the court is located. ... Extradition is a formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence. ... An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... To meet Wikipedias quality standards, this article may require cleanup. ... Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... In the common law legal system, an indictment is a formal charge of having committed a serious criminal offence. ... In both criminal and civil trials in the United States, a plea of nolo contendere means that the defendant neither admits nor disputes the charge. ... A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ... Headline text The rights of the accused is a class of rights in that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted. ... The Right to a fair trial is an essential right in all countries respecting the rule of law. ... Presumption of innocence is a legal right that the accused enjoys in criminal trials in many modern nations. ... A jury trial is a trial in which the judge of the facts, as opposed to the judge of the law, is a jury, made up of citizens who are usually randomly selected and are generally not legal professionals. ... For other uses, see Habeas corpus (disambiguation). ... The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ... In United States constitutional law, the exclusionary rule was a legal principle holding that evidence collected or analyzed in violation of the U.S. Constitution is not admissible for a criminal prosecution in a court of law (that is, it cannot be used in a criminal trial). ... It has been suggested that this article or section be merged with Right to silence. ... Double jeopardy (also called autrefois acquit meaning already acquitted) is a procedural defense (and, in many countries such as the United States, Canada and India, a constitutional right) that forbids a defendant from being tried a second time for a crime, after having already been tried for the same crime. ... In law, a verdict indicates the judgment of a case before a court of law. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ... In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. ... Not proven is a verdict available to a court in Scotland. ... A mandatory sentence is a judicial decision setting the punishment to be inflicted on a person convicted of a crime where judicial discretion is limited by law. ... A suspended sentence is a legal construct. ... Parole can have different meanings depending on the context. ... Probation is the suspension of a prison or jail sentence - the criminal who is on probation has been convicted of a crime, but instead of serving prison time, has been found by the Court to be amenable to probation and will be returned to the community for a period in... Under British criminal law, a tariff is the minimum period that a person serving an indefinite prison sentence must serve before that person becomes eligible for parole. ... Life licence is a term used in the British criminal justice system for the conditions under which a prisoner sentenced to life in jail may be released. ... In the Canadian legal system, the dangerous offender designation allows the courts to impose an indefinite sentence on a convicted person, regardless of whether the crime carries a life sentence or not. ... The statement that the government shall not inflict cruel and unusual punishment for crimes is found in the English Bill of Rights signed in 1689 by William of Orange and Queen Mary II who were then the joint rulers of England following the Glorious Revolution of 1688. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the State as punishment for crimes known as capital crimes or capital offenses. ... An execution warrant is a warrant which authorizes the execution or capital punishment of an individual. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (e. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... The United States Constitution is the supreme law of the United States of America. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... The examples and perspective in this article or section may not represent a worldwide view. ... The Right to a fair trial is an essential right in all countries respecting the rule of law. ... A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, that enforces a monopoly on the use of force. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... A pocket watch. ...


In the US, 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 6th 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. Motto: (1789 to 1956) (Latin for Out of many, one) In God We Trust (1956 to present) Anthem: The Star-Spangled Banner Capital Washington, D.C. Largest city New York City Official language(s) None at federal level; English de facto Government Federal Republic  - President George W. Bush (R)  - Vice... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Official language(s) None, English de facto Capital Albany Largest city New York City Area  Ranked 27th  - Total 54,520 sq mi (141,205 km²)  - Width 285 miles (455 km)  - Length 330 miles (530 km)  - % water 13. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ... Public is of or pertaining to the people; belonging to the people; relating to, or affecting, a nation, state, or community; opposed to private; as, the public treasury, a road or lake. ...


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 shown for the delay.


Courts can easily circumvent speedy trial requirments by scheduling hearings, status conferences, and other legal minutia as far apart as possible. When more time is desired, prosecutors can resort to simply filing a motion and scheduling the hearing on the motion many months in the future. This process can be repeated until years or even decades have elapsed. If the defendant responds to such motions, or otherwise participates in pre-trial legal-wrangling, the court is free to impose the opinion that the defendant has relinquished his right to a speedy trial, which removes any legal limits on further delays.


This tactic is used in conjuction with repeated offers for a plea bargain, in order to encourage the defendant-victim to "get on with his life", rather than waste time and money in endless court proceedings. See also filibuster. A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ... In a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ...


  Results from FactBites:
 
Criminal Resource Manual 628 Speedy Trial Act of 1974 (1347 words)
Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later.
However, if the trial judge determines that the "ends of justice" served by a continuance outweigh the interest of the public and the defendant in a speedy trial, the delay occasioned by such continuance is excluded from the Act's time limits.
The test requires the court to consider the length of the delay, the cause of the delay, the defendant's assertion of his right to a speedy trial, and the presence or absence of prejudice resulting from the delay.
  More results at FactBites »

 

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