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Over the years, even the existence of a right to appeal – in criminal and even civil appeals – has been characterized by U.S. Supreme Court Justice David Josiah Brewer as an attack on justice and trial courts, and the ingraining of "justice delayed is justice denied". As he stated: "One thing should always be borne in mind.
In criminal law, the right to a speedy trial is a human right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial ...
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.
However, if the trial judge determines that the "ends of justice" served by a continuance outweigh the interest of the public and the defendant in a speedy trial, the delay occasioned by such continuance is excluded from the Act's time limits. [13] The judge must set forth, orally or in writing, his or her reasons for granting the continuance. [14]
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As the pace of justice in Cook County has grown slower and slower, leaders of the criminal court system have failed for years to implement a first step toward reform: collecting data on why cases ...