LOOK AT THE NEW 2D CIRCUIT RATES FOR PROMPT DISPOSITION OF CRIMINAL CASES - NOTE

• NCJ Number: 5155
• Journal: Minnesota Law Review Volume: 56 Issue: 1 Dated: (NOVEMBER 1971) Pages: 73-94
• Author(s): ANON
• Date Published: 1971
• Length: 22 pages
• Corporate Author: University of Minnesota Law School
• Publication Format: Article

Annotation

RULES REGARDING SPEEDY TRIAL AND LENGTH DETENTION IN THE SECOND CIRCUIT, AND COMPARISON OF THESE RULES WITH OTHER STANDARDS, RECOMMENDATIONS AND RULES.

Abstract

THIS ANALYSIS IS CONDUCTED WITHIN THE LARGER CONTEXT OF THE NEED FOR A UNIFORM STANDARD FOR THE DISPOSITION OF CRIMINAL CASES SO AS TO PREVENT ABUSIVE DELAYS AND ENSURE THE DEFENDANT'S RIGHT TO A FAIR AND SPEEDY TRIAL. UNDER THE RULES OF THE SECOND CIRCUIT, A TIME LIMIT OF 90 DAYS FROM ARREST TO TRIAL IS ESTABLISHED FOR CASES WHERE THE DEFENDANT IS DETAINED IN LIEU OF BAIL, AND SIX MONTHS FOR ALL OTHER CASES. FAILURE TO PROCEED TO TRIAL WITHIN THESE TIME LIMITS, WITH EXCEPTIONS FOR PERMISSIBLE DELAY, IS GROUNDS FOR DISMISSAL. THESE RULES, IT IS FELT, WILL DO LITTLE TO ALLEVIATE COURT CONGESTION, BECAUSE OF THE LACK OF A MANDATORY REPORTING AND MONITORING SYSTEM. THE NEED TO REFINE THE BASIS FOR PERMISSIBLE DELAYS IS STRESSED, AND THE RULES ARE REGARDED AS AN IMPORTANT FIRST STEP.