NCJ Number
115758
Date Published
1989
Length
182 pages
Annotation
This book discusses the constitutional and statutory provisions underlying the right to a speedy and fair trial and examines their application in actual court practice.
Abstract
After an introduction to the concept and historical background of the speedy and fair trial, the book examines the relevant constitutional guarantees in the 6th and 14th amendments and their interpretation by the courts. Subsequent chapters examine the criteria for speed and fairness, the jury's role in a speedy trial, and related statutes such as the Speedy Trial Act of 1974, as well as grand jury investigations and prosecutorial abuses of the legal principles that guarantee speed and fairness. Throughout the discussion, analyses of applicable case law and precedent-setting court decisions illuminate the legal principles considered. The author concludes that although the Constitution guarantees those accused of a crime the right to a speedy and fair trial, in practice the judicial system is increasingly characterized by excessive trial delays and unfair trial situations. He argues that the mounting costs of lengthy litigation periods dictate that, if only for pragmatic reasons, the constitutional rights of accused criminals to speedy and fair trials must be respected. Chapter notes, 11-item bibliography, index to cases, subject index. (Publisher summary modified)