NCJ Number
62036
Journal
Arizona State Law Journal Volume: 1977 Issue: 1 Pages: 1-33
Date Published
1977
Length
33 pages
Annotation
THE PREPAREDNESS OF THE NINTH CIRCUIT COURTS FOR IMPLEMENTATION OF THE SPEEDY TRIAL ACT OF 1974 IS ASSESSED, AND COURSES OF ACTION DISTRICT COURTS MIGHT TAKE TO FACILITATE CONFORMITY TO THE ACT ARE SUGGESTED.
Abstract
THE SPEEDY TRIAL ACT OF 1974 REQUIRES THAT BY JULY 1, 1979, A CRIMINAL DEFENDANT MUST BE TRIED WITHIN 100 DAYS OF ARREST OR SERVICE OF SUMMONS. EACH DISTRICT COURT MUST PRODUCE A PLAN THAT WILL REDUCE DELAYS SUFFICIENTLY TO MEET THE 100-DAY REQUIREMENT. EVIDENCE AS OF THIS WRITING (1977) INDICATES THAT SOME DISTRICTS IN THE NINTH CIRCUIT FAILED EVEN TO COLLECT THE DATA NECESSARY FOR CREATION OF A REALISTIC PLAN. THE PLANNING FUNCTION OF THE ACT DEPENDS ON THE CALCULATION OF THE NET TIME IT TAKES A DEFENDANT TO MOVE FROM ARREST TO TRIAL. THIS CALCULATION IN TURN DEPENDS UPON THE ACCURATE DETERMINATION AND RECORDING OF THE EXCLUDABLE TIME (TIME NOT APPLIED TO THE 100-DAY LIMIT ACCORDING TO EXCLUSIONS SPECIFIED IN THE ACT) IN EACH CASE. STATISTICS IN SOME DISTRICTS OF THE NINTH CIRCUIT SHOW THAT THE PRESENT LEVEL OF COMPLIANCE WITH THE EXCLUDABLE TIME RECORDING PROVISIONS OF THE ACT IS SO LOW THAT PLANNING UNDER THE ACT IS VIRTUALLY IMPOSSIBLE. IN ORDER TO INCREASE PREPAREDNESS FOR IMPLEMENTATION OF THE ACT, DISTRICT COURTS SHOULD IMPROVE EXCLUDABLE TIME RECORDING, WHICH SHOULD INVOLVE EACH UNITED STATES ATTORNEY AND FEDERAL PUBLIC DEFENDER MAKING IT A POLICY TO INCORPORATE EXCLUDABLE TIME ISSUES INTO ALL MOTIONS FILED WITH THE COURT. THE COURTS SHOULD ENCOURAGE CONSISTENT APPLICATION OF THE 'ENDS OF JUSTICE' STANDARD FOR EXCLUDABLE TIME THROUGHOUT THE DISTRICT, THE PLANNING GROUP SHOULD PROVIDE FOR A SEPARATE FILE NOTING THE CASE AND SPECIFIC REASONS FOR GRANTING THE 'ENDS OF JUSTICE' EXCLUSION TIMES. PERHAPS THE MOST IMPORTANT FUNCTION OF THE PLANNING GROUP IS TO DETERMINE WHAT RESOURCES WILL BE NEEDED TO COMPLY WITH THE 1979 STANDARDS. FOOTNOTES ARE PROVIDED. (RCB)