NCJ Number
5355
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 61 Issue: 3 Dated: (SEPTEMBER 1970) Pages: 352-366
Date Published
1970
Length
15 pages
Annotation
THE SUPREME COURT HAS HELD THAT DELAYING PROSECUTION ON A DETAINER UNTIL THE END OF A CONVICT'S PRESENT SENTENCE CREATES UNDUE & OPPRESSIVE INCARCERATION PRIOR TO TRIAL.
Abstract
THOUGH AFFORDING THE ACCUSED CONVICT IMPRISONED WITHIN THE JURISDICTION A SPEEDY TRIAL, COURTS PRIOR TO THE SUPREME COURT DECISION IN SMITH V HOOEY CONSISTENTLY DENIED IT TO THOSE IMPRISONED OUTSIDE THE BOUNDARIES OF THEIR JURISDICTION. THE HOOEY DECISION REQUIRES THE PROSECUTION TO COME FORWARD WITH AN EARLY TRIAL ON EACH DETAINER FILED AGAINST A CONVICT. THE DEFENDANT HAS THE BURDEN OF ENSURING FOR HIMSELF THE RIGHT TO A SPEEDY TRIAL BY TAKING AN AFFIRMATIVE ACTION DEMANDING THAT HE BE BROUGHT TO TRIAL WITHIN A REASONABLE AMOUNT OF TIME.