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if possible, can you give an example?

2006-08-31 21:26:47 · 4 answers · asked by baby mheL 1 in Politics & Government Law Enforcement & Police

4 answers

Hey Precious,

Well as the Constitution says, That is our right! We've just adapted it over the years.

1). You must be arraigned within 72 hours (from your arrest).
2). Your trial date must be set within 30 days from the date of arraignment or the next nearest available date.
3). Impartiality is guaranteed by either a jury (of your peers) or a judge who swears that he will weigh all evidence without prejudice (Although most judges do enter with a summary judgment in mind.).
4). Public means just that. Your trial is held open to the public (as opposed to a secret trial that some countries have used to convict persons of espionage.).

All of these rights can be waived or changed by you. You can say you waive your right to a speedy trial if you need more time to accumulate evidence. If you feel that a public trial would be too much for the rumor mills, (e.g. a celebrity divorce, a financial settlement for personal injury, etc.) you can petition (ask) the judge to bar the public. You can also ask that the records be sealed by the judge (done mostly when children are involved).

These rights are not guaranteed for those non-citizens or those suspected of treason or a threat to the U.S. government (Scary how The President got those rights "temporarily suspended" during the fight on terrorists.)

Hope this helps,

James in San Diego

2006-08-31 21:41:01 · answer #1 · answered by jpr_sd 4 · 0 0

Each state varies a little on exact time limites, however, each one has provisions regarding fair and speedy trial. As for public, most trials are public. Some exceptions such ascertain juvenile proceedings and all grand jury hearing, Public trials can also refer to the media. In this instance some court proceedings are barred from the media. This generally means no use of video or audio equipment in the courtroom. Reporters still may attend, but not record electronically.

A.R.S. 13-107.
Time limitations

A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.

B. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:

1. For a class 2 through a class 6 felony, seven years.

2. For a misdemeanor, one year.

3. For a petty offense, six months.

C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.

D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.

E. The period of limitation does not run for a serious offense as defined in section 13-604 during any time when the identity of the person who commits the offense or offenses is unknown.

F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.

G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.

2006-09-01 05:57:09 · answer #2 · answered by NoJail4You 4 · 0 0

Speedy trial means that the case must be tried expediciously wherein delay should not favor any party.
Example: No postponements of trial dates due to unreasonable
absences of parties and counsels

Impartial trial means that the judge should try the case according to its merits and not on the personality of the parties.
Example: The poor must have the same privileges as the rich.

Public trial means that there must be transparency in the trial of the case wherein the public should be informed of the proceedings.
Example: The trial of the case can be viewed on TV to protect
public interests.

2006-09-01 06:55:04 · answer #3 · answered by FRAGINAL, JTM 7 · 0 0

Asking the question twice, 10 minutes apart, does not make us want to answer your question anymore than we did the first time. Sorry, but the repeat questions just sort of irk me a little.

2006-09-01 04:55:42 · answer #4 · answered by HBPD 126 3 · 1 0

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