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Speedy trial
From Wikipedia, the free encyclopedia
 |
| Criminal procedure |
|---|
| Criminal trials and convictions |
| Rights of the accused |
| Fair trial · Speedy trial · Jury trial |
| Counsel · Presumption of innocence |
| Exclusionary rule (U.S.) |
| Self-incrimination · Double jeopardy |
| Verdict |
| Acquittal · Conviction |
| Not proven (Scot.) · Directed verdict |
| Sentencing |
| Mandatory · Suspended · Custodial |
| Dangerous offender (Can.) |
| Capital punishment · Execution warrant |
| Cruel and unusual punishment |
| Post-conviction events |
| Parole · Probation |
| Tariff (UK) · Life licence (UK) |
| Miscarriage of justice |
| Exoneration · Pardon |
| Related areas of law |
| Criminal defenses |
| Criminal law · Evidence |
| Civil procedure |
| Portals: Law · Criminal justice |
Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, guaranteed by the 6th Amendment, is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair trial. Violations of the principle, such as where the State has failed to bring the case to trial for an "unreasonable" length of time, may be a cause for dismissal of a criminal case.
In the U.S., the length of time can either be defined by statute (for example, in New York, the prosecution must be "ready for trial" within six months on all felonies except Murder, or the charges are dismissed by action of law, without regard to the merits of the case), or determined by a court under a substantive theory based on the 6th Amendment; which states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..." This argument is typically made in cases in which a significant amount of time has lapsed between the date of the commission of the crime and the date of arrest.
Most, if not all, statutes defining the period of speedy trial time also include various exceptions to this rule. Examples of such exceptions are periods of time in which the delay preceding the trial is due to the request of the defense, or if there is good cause shown for the delay.
