NCJ Number
52999
Journal
Drake Law Review Volume: 26 Issue: 1 Dated: (1976/1977) Pages: 159-169
Date Published
1977
Length
11 pages
Annotation
IOWA STATUTES PROVIDING FOR A SPEEDY INDICTMENT AND SPEEDY TRIAL ARE EXAMINED IN THE CONTEXT OF THE CONSTITUTIONAL BACKGROUND OF THE SPEEDY TRAIAL RIGHT AND U.S. SUPREME COURT GUIDELINES.
Abstract
THE HISTORICAL DEVELOPMENT OF THE RIGHT TO A SPEEDY TRIAL HAS CONSISTED OF ATTEMPTS TO BALANCE THE RIGHTS OF DEFENDANTS AGAINST THE INTERESTS OF THE STATE. THE U.S. SUPREME COURT HAS SPOKEN ON SEVERAL OCCASIONS ABOUT THE CONSTITUTIONAL STANDARDS FOR SPEEDY JUSTICE TO WHICH THE STATES MUST CONFORM AS A MINIMUM. IOWA HAS ADOPTED ITS OWN STATUTORY SCHEME FOR GUARANTEEING THE RIGHT TO A SPEEDY TRIAL. THE IOWA STATUTES SEEK TO PROTECT THE LIBERTY OF THE INDIVIDUAL BY GUARANTEEING A SPEEDY INDICTMENT AND A SPEEDY TRIAL, BALANCING THIS INTEREST AGAINST THE RIGHT OF SOCIETY TO BRING CRIMINAL DEFENDANTS TO TRIAL. IOWA'S SPEEDY INDICTMENT AND SPEEDY TRIAL LAWS CONTAIN TRAPS FOR BOTH THE STATE AND THE DEFENDANT. THE STATE MUST MAINTAIN A SYSTEM THAT IS EFFICIENT ENOUGH TO MEET MANDATED DEADLINES. MISTAKES WILL FREE DEFENDANTS FOR REASONS OTHER THAN THEIR INNOCENCE. ON THE OTHER HAND, THE DEFENSE ATTORNEY MUST AVOID ANY COMBINATION OF MANEUVERS THAT WILL CONSTITUTE A WAIVER OF THE RIGHT TO A SPEEDY TRIAL OR GOOD CAUSE FOR DELAY. BOTH PROSECUTION AND DEFENSE WILL NEED TO CONSIDER EACH STEP CAREFULLY IN LIGHT OF THE SPEEDY INDICTMENT/TRIAL LAWS. THE MOST BENEFICIAL ASPECT OF THE LAWS MAY BE AN INCREASED AWARENESS OF THE NEED FOR CAREFUL ACTION BASED ON CONSIDERED JUDGMENT. DETAILS OF THE LAWS ARE PROVIDED, TOGETHER WITH A DISCUSSION OF GOOD CAUSE PROVISIONS, SAID TO BE THE HEART OF THE STATUTES. (EVEN IF THE STATE DOES NOT MEET THE MANDATED DEADLINE, A DISMISSAL CAN BE AVOIDED IF 'GOOD CAUSE TO THE CONTRARY' IS SHOWN.) (AUTHOR ABSTRACT MODIFIED--LKM)