NCJ Number
63343
Date Published
1979
Length
48 pages
Annotation
PROPOSED AMENDMENTS TO THE SPEEDY TRIAL ACT AND THEIR EFFECT ON JUDICIAL PROCESSES ARE THE SUBJECTS OF A SENATE JUDICIARY COMMITTEE REPORT.
Abstract
THE REPORT DESCRIBES THE HISTORICAL BACKGROUND AND PROVISIONS OF THE SPEEDY TRIAL ACT OF 1974. ALTHOUGH IT APPEARED THAT SUBSTANTIAL COMPLIANCE COULD BE ACHIEVED WITHIN THE ORIGINAL TIME LIMITS OF THE LAW, THE DEPARTMENT OF JUSTICE AND THE FEDERAL JUDICIARY PETITIONED CONGRESS TO AMEND THE ACT. AFTER HEARING TESTIMONY ON THE ISSUE, THE JUDICIARY COMMITTEE PROPOSED AN EXPANSION OF THE TIME LIMITS AND OTHER CHANGES IN THE LEGISLATION. THE REPORT DISCUSSES THE IMPACT OF THE AMENDMENTS ON THE FOLLOWING: DISMISSALS OF CRIMINAL CASES; EXCLUDED DELAYS; COSTS OF COMPLIANCE; ARREST AND INDICTMENT RATES; INTERVALS BETWEEN INDICTMENT, ARRAIGNMENT, AND TRIAL; CIVIL BACKLOGS; JUDICIAL AND PROSECUTORIAL RESOURCES; AND WAIVER BY THE DEFENDANT. THE MAIN PROVISIONS OF THE AMENDMENTS EXPAND THE TIME LIMITS BETWEEN ARREST AND TRIAL FROM 100 TO 180 DAYS, SUBJECT TO CERTAIN EXCLUSIONS, AND DEFER TO JULY 1, 1981, THE EFFECTIVE DATE WHEN A CRIMINAL CASE COULD BE DISMISSED FOR FAILURE TO COMPLY WITH THE TIME LIMITS. DISTRICTS ABLE TO IMPLEMENT SANCTIONS ARE PERMITTED TO DO SO AND COULD PROVIDE INFORMATION ON THE EFFECTIVENESS OF THE LEGISLATION. OTHER PROVISIONS ARE LISTED AND A SECTION BY SECTION ANALYSIS OF THE AMENDMENTS IS PROVIDED. NO EXTRA APPROPRIATIONS WILL BE NECESSARY IF THE AMENDMENTS ARE ENACTED. THE TEXT OF THE AMENDMENTS AND CONSEQUENT CHANGES IN THE EXISTING U.S. CODE ON SPEEDY TRIAL ARE INCLUDED. (MJM)