Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-hfldf Total loading time: 0 Render date: 2024-05-01T09:25:53.296Z Has data issue: false hasContentIssue false

10 - Trial Rights and Preparation for Trial

Published online by Cambridge University Press:  08 June 2019

Frederick T. Davis
Affiliation:
Columbia Law School, New York
Get access

Summary

The Sixth Amendment to the Constitution provides that an “accused shall enjoy the right to a speedy and public trial ….” In federal courts, this right has been codified in the Speedy Trial Act, 18 U.S.C. § 3161–74, which requires that a trial begin within seventy days of the date of the filing of the indictment or information or of the date the defendant first appears in court, and has special provisions for a defendant in custody. The Act allows a judge to provide for longer periods only if based on a specific finding satisfying one or more permissible bases for delay listed in the Act. For example, the court may postpone trial for a period necessary to allow the parties to prepare for a complex case or while the judge is considering how to rule on motions made by the parties, or it may approve a longer period if the parties agree to an outcome such as a deferred prosecution agreement, as discussed in Chapter 11.D. However, the parties (prosecutor and defense) cannot simply agree among themselves to extend the time limits of the Act, but must persuade a judge that grounds exist to do so under one of the exceptions specifically permitted by the Act. This requirement not only protects defendants against agreements reached by prosecutors and defense attorneys to satisfy their own personal schedules, but also reflects the public’s interest in a prompt trial.

Type
Chapter
Information
American Criminal Justice
An Introduction
, pp. 57 - 63
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×