Right to a speedy trial means - How quickly it must go to trial - as a general rule it is 180 days. Unless of course the judge grants continuances by either the prosecution of the defense. In which case the person charged must waive his right to a speedy trial
2007-01-19 16:11:38
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answer #1
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answered by Anonymous
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Wow. You received some pretty entertaining answers to this one... I think it has to do with how your phrased your question.
First, there are no pre-set time limits to a trial. A speedy trial demand means that the defendant wants to his/her trial to start as soon as possible because they are sitting in jail. Usually, they don't want to sit in jail for months on end until the court calendar is clear enough to schedule their trial. Every state constitution in the US provides for a speedy trial demand so that people don't rot in jail until the government feels like taking their case to trial.
Second, your question implies that a defendant would want the trial to be quick ("speedy"). A defendant in a criminal case usually wants just the opposite. A long, drawn-out trial tends to create questions and doubt in the mind of jurors. A quick trial tends to show the simple guilt of the accused.
2007-01-20 01:35:06
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answer #2
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answered by snowdrift 3
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you may have to brush up on some constitutional law, but a speedy trial is usually being brought to trial without having to sit in a jail for a year or so... kinda like the government has people doing now.
A speedy trial is one that follows due process without lagging too long. The defendant has the right to have his day in court and has the right to file as many motions as allowable to ensure a fair trial. So, the choice is either speedy or fair.
2007-01-20 00:05:45
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answer #3
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answered by David L 6
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There are a number of issues to be considered when referring to a " Speedy Trial " . 1st); There are Pre-accusation, Post-accusation, and Sixth and Fourteenth Amendment issues to be considered. To try and make this as simple as possible I would refer you to a Journal that has been instrumental in my defending my own legal battles. It's called ; The Georgetown Law Journals 34th Annual Review of Criminal Procedure (2005); Page 351.
SPEEDY TRIAL. Also, you should know that there is actually no set time limit as each and every case is unique in itself and requires individual scrutiny. I now refer you to a page in the book that i was referring to; See Note 1222: Klopfer v. N.C. 386 U.S. 213, 222-23 (1967) " Quote " ( the right to speedy trial is imposed on the States by the Due Process Clause of the 14th Amend.). Now See: e.g. U.S. v. Maxwell, 351 F.3d 35 (1st Cir. 2003);(weight given in length of delay analysis depends on extent in which delay exceeds bare minimun considered presumptively prejudicial): Also; U.S. v. Trueber, 238 F.3d 79, 87 (1st Cir. 2001);(lengthy delay is threshold issue for initiating "barker" analysis).
The Barker Analysis is a case that is used as a guideline for determining whether or not a delay in a case is prejudicial to the Defendant and/or the ability to get a fair trial. Now See a good case that's an example; Doggett, 505 U.S. at 652n.1:(delays approaching, but not exceeding, one year are also generally presumptively prejidicial).
I hope this helps GOD BLESS/GOOD NIGHT!!
2007-01-20 00:51:47
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answer #4
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answered by Chuck-the-Duck 3
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There is no such thing...
If a case goes all the way to trial, then it won't be speedy. In my case, I was going 2 have 2 wait about 3 months until trial. Luckily I didn't have to go all the way
2007-01-20 00:06:19
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answer #5
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answered by JGarLoPa 3
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Speedy trial has to take place within six months. How long it takes is a different story!
2007-01-20 00:08:53
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answer #6
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answered by Anonymous
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depends my husband was charged for something and demanded a speedy trial, 2yrs later it was finally over
2007-01-20 00:04:15
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answer #7
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answered by Anonymous
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Historicaly it is a trial to be conducted within one year.
2007-01-20 00:05:07
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answer #8
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answered by Anonymous
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It is done within 24 hours.
2007-01-20 00:03:40
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answer #9
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answered by Fruit Cake Lady 5
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