NCJ Number
60617
Journal
Fordham Urban Law Journal Volume: 4 Issue: 2 Dated: (WINTER 1976) Pages: 351-367
Date Published
1976
Length
17 pages
Annotation
THE SPEEDY TRIAL RULES OF THE SECOND CIRCUIT COURT OF THE UNITED STATES COURT OF APPEALS AND THE FEDERAL SPEEDY TRIAL ACT OF 1974 ARE DESCRIBED AND CRITIQUED.
Abstract
THE CONSTITUTIONAL MANDATE FOR A SPEEDY TRIAL IS INTENDED TO INCREASE THE LIKELIHOOD THAT THE INNOCENT WILL BE ACQUITTED AND THE GUILTY CONVICTED, WHILE RELIEVING THE ACCUSED OF ANY PROLONGED DETENTION WHILE AWAITING TRIAL. HOWEVER, THE UNITED STATES SUPREME COURT HAS BEEN RELUCTANT TO ESTABLISH SPECIFIC STANDARDS FOR THE IMPLEMENTATION OF SPEEDY TRIALS, CLAIMING THAT THIS MUST BE DONE THROUGH LEGISLATION. IN 1971, THE SECOND CIRCUIT OF THE UNITED STATES COURT OF APPEALS ENACTED A SET OF SPEEDY TRIAL RULES WHICH MORE PRECISELY DELINEATED THAT RIGHT. ONE OF THE RULES REQUIRES THAT THE GOVERNMENT BE PREPARED FOR TRIAL WITHIN 6 MONTHS FROM THE DATA OF ARREST, SERVICE OF SUMMONS, DETENTION, OR THE FILING OF A COMPLAINT OR A FORMAL CHARGE UPON WHICH THE DEFENDANT IS TO BE TRIED, WHICHEVER IS EARLIEST. A SECOND RULE PROVIDES FOR INSTANCES WHERE A DELAY BEYOND THE 6-MONTH PERIOD IS ALLOWED, AND A THIRD RULE, APPLYING TO ALL APPELLATE COURT-ORDERED INITIAL TRIALS AND RETRIALS, SUGGESTS THAT DELAY TRACED TO THE COURTS COULD RESULT IN DISMISSAL OF ALL CHARGES. THE FEDERAL SPEEDY TRIAL ACT OF 1974 DISTINGUISHED THREE STAGES IN A CRIMINAL PROSECUTION--FILING OF INFORMATION OF INDICTMENT, ARRAIGNMENT, AND TRIAL--AND MANDATES THAT EACH STAGE BE REACHED WITHIN SPECIFIC TIME PERIODS. INDICTMENT MUST BE WITHIN 30 DAYS OF ARREST OF SUMMONS; ARRAIGNMENT MUST BE WITHIN 10 DAYS, AND WHERE A PLEA OF NOT GUILTY IS ENTERED, THE TRIAL SHALL BEGIN WITHIN 60 DAYS FROM THE ARRAIGNMENT. SHOULD THESE PROVISIONS BE VIOLATED, A COURT CAN DISMISS A CASE, WITH OR WITHOUT PREJUDICE, AFTER TAKING INTO ACCOUNT THE SERIOUSNESS OF THE OFFENSE, THE FACTS AND CIRCUMSTANCES OF THE CASE WHICH LED TO DELAY, AND THE IMPACT OF A REPROSECUTION ON THE ADMINISTRATION OF JUSTICE. THE IMPLEMENTATION OF THIS LAW, WHICH BECOME FULLY OPERATIVE IN JULY 1979, WILL DEPEND UPON CAREFUL PLANNING AND COMMITMENT BY ALL COURTS AND ATTORNEYS, (RCB)