PREPARED STATEMENT BY DAVID B ISBELL AND MARK D NOZETTE ON BEHALF OF THE AMERICAN CIVIL LIBERTIES UNION (FROM SPEEDY TRIAL ACT AMENDMENTS OF 1979 - HEARINGS, 1979 SEE NCJ-64636)

• NCJ Number: 64640
• Author(s): D B ISBELL; M D NOZETTE
• Date Published: 1979
• Length: 6 pages
• Corporate Author: US Congress
• Sale Source: National Institute of Justice/
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America

Annotation

THE AMERICAN CIVIL LIBERTIES UNION (ACLU) OPPOSES AMENDMENTS TO THE SPEEDY TRIAL ACT OF 1974 AT PUBLIC HEARINGS HELD IN MAY 1979 BEFORE THE SENATE COMMITTEE ON THE JUDICIARY.

Abstract

ACCORDING TO THE ACLU, THE MOST STRIKING FEATURE OF THE ACT IS THE ESTABLISHMENT OF SIGNIFICANT TIME LIMITS FOR CRIMINAL CASE PROSECUTION. INDICTMENTS MUST BE FILED WITHIN 30 DAYS OF ARREST, ARRAIGNMENTS MUST BE HELD WITHIN 10 DAYS AFTER CHARGES HAVE BEEN FILED, AND TRIAL MUST BEGIN WITHIN 30 DAYS OF ARRAIGNMENT. THE ACT INCLUDES NUMEROUS FEATURES TO AVOID OPPRESSIVE MECHANICAL DEADLINES. BECAUSE FINAL TIME LIMITS SPECIFIED IN THE ACT WERE BEING MET IN MOST FEDERAL CASES DURING 1978 (BEFORE FORMAL PASSAGE OF THE ACT), EXTENTION OF THE TIME LIMITS IS UNWARRANTED. EXPERIENCE DEMONSTRATES THE ACT'S EFFECTIVENESS AND THE SUCCESS OF CONGRESS IN FORCING COURTS AND PROSECUTORS TO MODERNIZE THEIR HANDLING OF CRIMINAL CASES. THE FUNDAMENTAL PURPOSE OF THE ACT MUST NOT BE OVERLOOKED: TO GUARANTEE DEFENDANTS IN FEDERAL PROSECUTIONS THE CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL. (DEP)