NCJ Number
48426
Date Published
1978
Length
23 pages
Annotation
THE TRIAL CALENDAR, DETERMINING WHAT IS A SPEEDY TRIAL, SPECIAL PROCEDURES FOR PERSONS SERVING TERMS OF IMPRISONMENT, AND THE CONSEQUENCES OF DENIAL OF SPEEDY TRIAL ARE COVERED IN THESE DRAFT STANDARDS.
Abstract
THESE DRAFTS FOR A SECOND EDITION OF THE AMERICAN BAR ASSOCIATION'S 'STANDARDS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE' CONTAIN ONLY MINOR REVISIONS. (THE FIRST EDITION WAS PUBLISHED OVER THE PERIOD 1968-1973.) THE PRINCIPLES UNDERLYING MOST OF THESE STANDARDS ARE THE PROTECTION OF THE DEFENDANT, WHO OTHERWISE WOULD NOT BE IN A POSITION TO FORCE A PROMPT TRIAL, AND PROTECTION OF THE PUBLIC INTEREST. TOPICS COVERED INCLUDE SCHEDULING OF CRIMINAL CASES, PREFERENTIAL SCHEDULING OF CASES IN WHICH THE DEFENDANT HAS BEEN DETAINED IN CUSTODY, JUDICIAL RESPONSIBILITY FOR SCHEDULING, THE NEED TO SET SPECIFIC SPEEDY TRIAL TIME LIMITS IN STATE LAW, FIGURING TIME LIMITS FOR TRIAL, AND EXCLUDED TIME. WHEN THE TRIAL INVOLVES A PERSON IMPRISONED WITHIN OR WITHOUT THE JURISDICTION, THE PROSECUTOR HAS AN OBLIGATION TO OBTAIN THE PRESENCE OF THE PRISONER, FILE A DETAINER, OR OTHERWISE MAKE A GOOD FAITH EFFORT TO ENSURE THE DEFENDANT'S PRESENCE. IF A DEFENDANT IS NOT BROUGHT TO TRIAL BEFORE THE TIME LIMIT HAS ELAPSED, THE CONSEQUENCE SHOULD BE ABSOLUTE DISCHARGE. FAILURE OF THE DEFENDANT OR DEFENDANT'S COUNSEL TO MOVE FOR DISCHARGE PRIOR TO TRIAL OR ENTRY OF A PLEA OF GUILTY SHOULD CONSTITUTE WAIVER OF THE RIGHT TO SPEEDY TRIAL. RELEASE ON RECOGNIZANCE IS ALSO COVERED. EACH STANDARD IS FOLLOWED BY A LIST OF CHANGES SINCE THE FIRST STANDARDS WERE ISSUED, A LISTING OF RELATED STANDARDS, AND A COMMENTARY. THE COMMENTARIES ARE HEAVILY FOOTNOTED. (GLR)