NCJ Number
58604
Journal
Hastings Law Journal Volume: 28 Issue: 2 Dated: (NOVEMBER 1976) Pages: 357-385
Date Published
1976
Length
30 pages
Annotation
THE ORIGIN AND IMPACT OF THE STANDARDS RELATING TO SPEEDY TRIAL, DEVELOPED BY THE ABA AND APPROVED IN 1968, ARE PRESENTED. SPECIFIC SECTIONS OF THE PUBLISHED STANDARDS AND OBJECTIVES ARE HIGHLIGHTED.
Abstract
THE BROAD OBJECTIVE OF THE SPEEDY TRIAL STANDARDS, WAS TO ELIMINATE THE UNCERTAINTY SURROUNDING THE SPEEDY TRIAL RIGHT AND TO DETERMINE HOW THE INTERESTS OF THE DEFENDANT AND THE PUBLIC IN PROMPT TRIALS SHOULD BE DEFINED, PROTECTED, AND ACHIEVED. THE MAGNA CARTA, THE VIRGINIA DECLARATION OF RIGHTS OF 1776, AND THE 1967 APPLICATION OF THE SIXTH AMENDMENT TO STATE TRIALS FORM THE LEGAL PRECEDENT FOR RIGHT TO A SPEEDY TRIAL. NEVERTHELESS, TRIAL DELAYS PROMPTED DEVELOPMENT OF THE STANDARDS, WHICH ARE DIVIDED INTO FOUR PARTS, INCLUDING THE TRIAL CALENDAR, DETERMINANTS OF WHAT IS A SPEEDY TRIAL, SPECIAL PROCEDURES FOR PERSONS SERVING TERMS OF IMPRISONMENT, AND CONSEQUENCES OF DENIAL OF SPEEDY TRIAL. IF IMPLEMENTED, THE SPEEDY TRIAL STANDARDS WOULD MAKE SUBSTANTIAL CHANGES IN MANY STATE LAWS. FOR EXAMPLE, TIME LIMITS EXPRESSED IN DAYS OR MONTHS WOULD BE SPECIFIED, THE DEMAND RULE WOULD BE ABOLISHED, AND THE DEFENDANT WOULD NOT HAVE TO SHOW PREJUDICE TO ESTABLISH A VIOLATION OF OF THE SPEEDY TRIAL RIGHT. CURRENTLY, THE SPEEDY TRIAL STANDARDS HAVE HAD LITTLE OR NO IMPACT UPON THE SPEEDY TRIAL STATUTES IN 72 PERCENT OF THE STATES AND THE DISTRICT OF COLUMBIA. IN ADDITION, THE STANDARDS HAVE NOT HAD A MAJOR EFFECT ON THE CASE LAW IN THESE JURISDICTIONS, WHERE SPEEDY TRIAL RIGHTS REMAIN LARGELY GOVERNED BY PRESTANDARDS LAWS. IN THE REMAINING 28 PERCENT OF THE STATES AND IN THE FEDERAL COURT SYSTEM, THE STANDARDS HAVE HAD SUBSTANTIAL IMPACT. FOOTNOTES, SELECTED BIBLIOGRAPHY, AND APPENDIXES ARE PROVIDED. (LWM)