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Author Question: Explain when the right to a speedy trial applies. What will be an ideal ... (Read 42 times)

Chelseaamend

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on: Aug 17, 2018
Explain when the right to a speedy trial applies.
 
  What will be an ideal response?

Question 2

Briefly outline important provisions of the federal Speedy Trial Act, including the consequences of violating it.
 
  What will be an ideal response?


trog

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Reply #1 on: Aug 17, 2018
Answer to Question 1

The Sixth Amendment provides, in part, In all criminal prosecutions, the accused shall enjoy the right to a speedy trial. A fair amount of case law addresses the threshold issue of when the right to a speedy trial applies. In general, the right applies once a person has been accused of a crime. This is known as the accusation rule.
In United States v. Marion the Court held that the Sixth Amendment's guarantee to a speedy trial attaches only after the person (or persons) has been accused of a crime. The Court further stated that being accused of a crime did not necessarily mean that formal charges had to be filed. Namely, The actual restraints imposed by arrest and holding to answer on a criminal charge can be sufficient to amount to an accusation.

Answer to Question 2

I can not tell you how much you just made me happyTHX. You rock


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