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Certain pretrial delays are automatically excluded from the Act's time limits, such as delays caused by pretrial motions. [9] In Henderson v.United States, 476 U.S. 321, 330 (1986), the Supreme Court held that § 3161 excludes "all time between the filing of a motion and the conclusion of the hearing on that motion, whether or not a delay in holding that hearing is 'reasonably necessary.'"
The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...". [ 1 ] The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.
Speedy trial rights are recognized within Section Eleven of the Canadian Charter of Rights and Freedoms.. In R v Jordan, the Supreme Court of Canada held that these Charter rights are presumed to have been violated when the trial does not end within 18 months of the charges being filed, or 30 months when there is a preliminary inquiry.
For instance, the Speedy Trial Act prioritized criminal matters, Supreme Court rulings have expanded criminal defendants’ procedural safeguards, and the Federal Rules of Criminal Procedure’s ...
In all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial . . . . [3] The Speedy Trial Clause regulates delay between the bringing of a formal criminal charge and/or the pre-trial deprivation of the accused's liberty and the start of trial. [31] The Clause has been incorporated to apply in state prosecutions. [32]
[17] [18] Case law of the Speedy Trial Act is found in 16 ALR 4th p. 1283 et seq. [8] [19] A defendant's rights under the Speedy Trial Clause of the Sixth Amendment are triggered by "either a formal indictment or information or else the actual restraints imposed by arrest and holding (imprisonment) to answer a criminal charge." [20] In the 1972 ...
"A New Speedy Trial Standard for Barker v Wingo: Reviving a Constitutional Remedy in an Age of Statutes". University of Chicago Law Review. 61 (2): 587–611. doi:10.2307/1600046. JSTOR 1600046. Rudstein, David Stewart (1975). "The Right to a Speedy Trial: Barker v. Wingo in the Lower Courts". University of Illinois Law Forum. 1975 (1): 11–58.
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 ...