NCJ Number
63064
Journal
National Journal of Criminal Defense Volume: 4 Issue: 2 Dated: (FALL 1978) Pages: 295-352
Date Published
1978
Length
59 pages
Annotation
THE MAIN PROVISIONS OF THE FEDERAL SPEEDY TRIAL ACT OF 1974 ARE DESCRIBED.
Abstract
TO ASSURE THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL, THE 1974 FEDERAL SPEEDY TRIAL ACT IMPOSES THE FOLLOWING TIME LIMITS ON THE PROCESSING OF ANY PERSON CHARGED WITH A FEDERAL OFFENSE: (1) ARREST TO INDICTMENT, 30 DAYS; (2) INDICTMENT TO ARRAIGNMENT, 10 DAYS; (3) ARRAIGNMENT TO TRIAL, 60 DAYS WHEN A PLEA OF NOT GUILTY IS ENTERED. IF A TRIAL DOES NOT BEGIN WITHIN THE 60-DAY TIME LIMIT FROM ARRAIGNMENT TO TRIAL, THE CHARGES SHALL BE DISMISSED UPON THE MOTION OF THE DEFENDANT. NO GUIDELINES ARE PROVIDED FOR THE PERIOD BETWEEN THE ADJUDICATION OF GUILT AND SENTENCING. THE TIME LIMITS PROVIDED IN THE ACT ARE RELATIVELY SHORT, COMPARED TO THE AMOUNT OF TIME CURRENTLY TAKEN IN MOST FEDERAL DISTRICTS TO DISPOSE OF CRIMINAL CASES. 'EXCLUDABLE TIME' IS ALLOWED FOR CERTAIN DELAYS DEEMED TO BE JUSTIFIED, SUCH AS EXAMINATION OF MENTAL OR PHYSICAL CAPACITY OF THE ACCUSED AND HEARINGS ON PRETRIAL MOTIONS. IN ORDER TO ENCOURAGE COMPLIANCE WITH THE TIME LIMITS, THE ACT PROVIDES FOR THE IMPOSITION OF SANCTIONS AGAINST ATTORNEYS FOR VIOLATIONS OF ITS TERMS. THE SANCTIONS ARE APPLICABLE WHEN COUNSEL AGREES TO A TRIAL DATE KNOWING THAT ONE OF HIS/HER WITNESSES WILL BE UNAVAILABLE, FILES A FRIVOLOUS MOTION SOLELY FOR THE PURPOSE OF DELAY, MAKES A FALSE STATEMENT IN ORDER TO OBTAIN A CONTINUANCE, AND WILLFULLY FAILS TO PROCEED WITHOUT JUSTIFICATION. SANCTIONS INCLUDE (1) REDUCING THE COMPENSATION TO BE PAID TO APPOINTED COUNSEL, (2) FINING RETAINED DEFENSE COUNSEL, (3) FINING THE ATTORNEY FOR THE GOVERNMENT, (4) DENYING COUNSEL THE RIGHT TO PRACTICE BEFORE THE COURT FOR UP TO 90 DAYS, AND (5) FILING A REPORT WITH THE APPROPRIATE DISCIPLINARY COMMITTEE. CONGRESS PROVIDED FOR A 3-YEAR PHASE-IN PERIOD. DURING THIS PERIOD, THE TIME LIMITS BECOME GRADUALLY SHORTER BY YEARLY INCREMENTS UNTIL THE PERMANENT LIMITS ARE TO BE REACHED ON JULY 1, 1979. THE APPENDIXES INCLUDE A TEXT OF THE SPEEDY TRIAL ACT, A LEGISLATIVE HISTORY, A CHECKLIST, AND SAMPLE MOTIONS. (RCB)