ipl-logo

Research Paper On The Speedy Trial Act Of 1974

2189 Words9 Pages

https://www.ncjrs.gov/App/publications/abstract.aspx?ID=143703 This paper will seek to define the right to a speedy trial in regard to both federal and state law. In the text I will cover a few case examples, various guidelines, and render a thorough analysis regarding the right to a speedy trial. The 6th amendment of the U.S. Constitution and the Speedy Trial Act of 1974 ensure a criminal respondent's entitlement to a rapid trial. The 6th amendment orders, to some extent, that "in every criminal indictment, the charged should appreciate the privilege to a rapid and open trial." The Speedy Trial Act of 1974 indicates time limits intended to secure a litigant's expedient trial right. To figure out if or not there has been a fast trial-right …show more content…

(Holland …show more content…

Additionally, the Federal Government offered nothing to demonstrate that they were not careless in looking for the person. The way that the candidate did not conjure his entitlement to a rapid trial prior is not deadly in light of the fact that no proof was demonstrated that he was mindful of his prosecution before the capture. Applicant not indicating trial partiality does not imply that alleviation can't be allowed. Equity Sandra Day O'Connor disagreed by saying that the likelihood of partiality does not imply that fast trial rights have been damaged. Equity Clarence Thomas contradicted by saying that the Sixth Amendment's quick trial certification was intended to avert harsh detainment and the tension going with open allegation, nor was involved here. Additionally, autonomous insurance against partiality to a blamed's barrier or the disturbance for the charged's life are not ensured by the Sixth Amendment. For all intents and purposes, it is misty how helpful this choice is considering that the postponement in time was so long under these actualities. The case does say that lower courts normally locate an one year post-allegation postpone as hypothetically biased, yet does not by any stretch of the imagination lay out a more particular standard than to say that "absurd" deferral is what is not

Show More
Related

  • Summary Of The John Couey Case

    431 Words  | 2 Pages

    The brazen police misconduct in violating an individual's Sixth Amendment right to counsel warranted dismissal of the confession; there no mere technicality or question of Couey's invocation of his right to counsel as he requested a lawyer "eight times in 46 seconds" (Associated Press, 2006).

    Read More

  • Analysis Of The Judiciary Act Of 1987 By Eric Lurio

    983 Words  | 4 Pages

    “Can truly great men act like demented four-year-olds and get away with it?” this was the subtitle given to a political cartoon written in 1987 by Eric Lurio regarding the Marbury vs. Madison case. Lurio was able to sum up the historical decision in a 3 page cartoon, however, there is much more to the case than described in this rendition. In Marbury vs. Madison (1803) the U.S Supreme Court ruled that Marbury was entitled to his commission as Justice of the Peace for the District of Columbia and that the Judiciary Act of 1789 did provide him a remedy.

    Read More

  • Essay On Robert Pickton

    998 Words  | 4 Pages

    The trial began in 2006, evidence upon evidence was brought in to support the 27 counts of murder. The defense brought into question the legitimacy of

    Read More

  • Does Plea Bargaining Affects The Criminal Justice System

    331 Words  | 2 Pages

    • The Constitution is weakened by the excessive use of plea-bargaining to avoid a trial. Research has shown that criminal defendants who exercise their Sixth Amendment right to trail by jury are more severely punished than those who accept plea bargains (Devers, 2011, p. 2). It is assumed that plea-bargaining weakens the criminal justice system by allowing violent criminals to plea out of serious charges and putting the disadvantaged and potentially innocent or partially innocent in a position where exercising their constitutional right to a trial by jury is too risky of an option. Prosecutors are required by the state to carry the burden and prosecute the accused.

    Read More

  • Dual Federalism

    1114 Words  | 5 Pages

    2. Describe at least three rights that are guaranteed to accused criminals in the Bill of Rights. List and explain important Supreme Court cases related to these

    Read More

  • Essay On Scopes Trial

    865 Words  | 4 Pages

    The Scopes Trial, more formally known as The State of Tennessee v. John Thomas Scopes, was a criminal case against John Scopes in 1925 for violating the Butler Act of Tennessee, which made it illegal for teachers to teach evolution in their schools. In the end, Scopes was convicted and required to pay a fine of $100 ($1,395.56 in 2017). The Scopes trial set the tone of the US on evolution and science in general for years to come; the trial and evolution as a whole caused a significant negative change in public opinion of science, a change that is still somewhat in place today, holding back global progress and development. In March 1925, Tennessee governor Austin Peay signed the Butler Act into law, which called for a ban on schools “to teach

    Read More

  • Speedy Trial Research Paper

    278 Words  | 2 Pages

    Both sides of this debate are arguably acceptable, but in what circumstance and at what “speed” is the wait for trial too slow? Of course, in cases such as murder, evidence must first

    Read More

  • John Wayne Gacy's Contributions To The Justice System

    1030 Words  | 5 Pages

    The Constitution states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.

    Read More

  • What Are The Constitutional Amendments In The Movie Fracture

    1559 Words  | 7 Pages

    Fracture is a movie that focuses on the court proceedings of an attempted murder trial and emphasizes the legal aspects of this event. In the film, there are several instances in which the Constitutional Amendments are used in the movie as positive or negative rulings in the court. Because this is a movie follows a complex court case, it is an excellent source for these Constitutional Amendments and provides a multitude of examples to accurately represent the commonly used amendments in trials and arrests. This movie focuses primarily on the Fourth, Fifth, Sixth, and Fourteenth Amendments to the Constitution, as well as the basic concepts of criminal justice.

    Read More

  • Miranda Vs Arizona Essay

    890 Words  | 4 Pages

    The problem arose when the police officers said they had not advised Miranda of his right to an attorney. Miranda’s lawyer was concerned that his Sixth Amendment Right had been violated. This case was noticed by the ACLU and was taken to the Supreme Court. This case raised issues within the Supreme Court on the rights of Criminal Defendants.

    Read More

  • Plea Bargaining In Criminal Justice

    1588 Words  | 7 Pages

    It is a compromise to the right to a jury trial and provides advantages for the prosecutor as well as the defendant. It saves time and resources that would be required in a jury trial and reduces the risk of uncertain sentences on trial. Arguments against its use provide that it is unconstitutional because it deprives the defendant the right to the due process of the law. However, the use of plea-bargains has become an important part of the criminal justice system as it allows for the prompt disposition of

    Read More

  • Trial Delays Affecting Victims Of Crime

    229 Words  | 1 Pages

    Trial delays hurt victims of crime because it puts them in a potentially dangerous position, all the while delaying the justice they deserve. If the suspect isn't confined, there's no assurance for the victim that they are safe and the longer the delay is, the more insecurity there is. Not only that, but housing defendants during delays hurts the victim's family and the taxpayer. Meanwhile, trial delays actually help suspects. In fact, in the last 15 years 72% of continuances were requested by defense attorneys.

    Read More

  • Essay On The Pros And Cons Of Pre-Trail Release

    891 Words  | 4 Pages

    This paper is to help show how sometimes judges can be Bias or inherent in the amount of bail set and other restrictions for pre-trial release while showing the concept of bail what can be done to prevent arbitrary and potentially prejudiced decisions from being made in the courtroom when it comes to bail by the judge, Also discuss the pros and cons of private vs. public defense. Introduction This paper will show the pros and cons of pre-release and define pre-trail release and bond, arbitrary. bond types also look into the factors of bail amounts a judge looks at to determine how much the defendant’s bail is and a few ways to prevent arbitrary and potentially Prejudice decisions from being made in the court by judges.

    Read More

  • The United States V. Frank Abagnale Case Brief

    538 Words  | 3 Pages

    His trial was not a very long because they had been chasing him for years and tracking his activities. So, the FBI already had their evidence against Abagnale. The plaintiff in this court proceeding was none other than than the United States itself because he had committed federal crimes. The defendant was Frank Abagnale Jr. The decision was quite clear.

    Read More

  • 12 Angry Men Rhetorical Analysis

    1186 Words  | 5 Pages

    Twelve Angry Men is in many ways a love letter to the American legal justice system. We find here eleven men, swayed to conclusions by prejudices, past experience, and short-sightedness, challenged by one man who holds himself and his peers to a higher standard of justice, demanding that this marginalized member of society be given his due process. We see the jurors struggle between the two, seemingly conflicting, purposes of a jury, to punish the guilty and to protect the innocent. It proves, however, that the logic of the American trial-by-jury system does work.

    Read More

More about Research Paper On The Speedy Trial Act Of 1974

Open Document