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In addition to the constitutional guarantee, various state and federal statutes confer a more specific right to a speedy trial. 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.
Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973), was a decision of the US Supreme Court regarding the statutory jurisdiction of federal district courts to grant writs of habeas corpus for guaranteeing the right of state prisoners to receive a speedy trial in another state under the Speedy Trial Clause of the Sixth Amendment to the US Constitution.
The consequences of a speedy trial violation may require that the case be dismissed, although depending upon the circumstances it may be possible for the state to again initiate a criminal charge against a defendant despite a speedy trial violation. Defendants may waive their right to a speedy trial for the purposes of negotiation. [10] [11]
""The courts of justice of the State shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation, and right and justice shall be administered without sale, denial, delay, or prejudice." [1] Oklahoma: Oklahoma III b 6
The Speedy Trial Act of 1974 (88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, 18 U.S.C. §§ 3161–3174 [1]) establishes time limits for completing the various stages of a federal criminal prosecution in the United States.
The right to a speedy trial is enshrined in the Sixth Amendment of the United States Constitution. If light of that, why do criminal cases sometimes take years to go to trial?
The state law stems from the Sixth Amendment of the U.S. Constitution, which guarantees the right to a speedy trial but does not specify a time frame. Will everyone in the Trump case have to be ...
Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 30 Ky. L.J. 360 (1942). Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 7 Mo. L. Rev. 263 (1942).