The Sixth Amendment to the U.S. Constitution provides a right to a speedy trial in all criminal cases. The Constitution does not define speedy, and courts have had trouble deciding what this

means. To remedy this problem, the federal government and

some states have set specific time limits within which a case

must be brought to trial. Without the right to a speedy trial as

an element of due process, an innocent person could await

trial—in jail—for years.

 

If a person does not receive a speedy trial, the case may be dis-

missed. However, defendants often waive their right to a speedy

 

trial because of the unavailability of an important witness or because

they need more time to prepare their cases. Before dismissing a case,

courts will consider the cause and reasons for the delay and whether

the defendant was free on bail or in jail during the pretrial period.

 

Problem 14.2

 

a.  Why is the right to a speedy trial important?

 

b.  How soon after arrest should a person be brought to trial?  What are some reasons for and against bringing a defendant to trial quickly?

        

c.  Do you think that televising criminal trials is a good idea?  Explain

 

a. Right to speedy trial is important in order to avoid oppression of a person by holding criminal prosecution suspended over him for an indefinite time, which may necessarily mean deprivation of his liberty for an indefinite time, and to prevent delays in the administration of justice by mandating the courts to proceed with reasonable dispatch in the trial of criminal cases.

b. The person must be brought to trial within 30 days immediately after his arrest or valid indictment. Bringing a defendant in trial quickly will prevent arbitrary detention or delay in his delivery before proper judicial authorities. But bringing a defendant immediately to court may cause some repercussions, especially if it will be later found out that there was mistaken identity at the defendant's prejudice, or of the private offended party changes his/her mind and not pursue the case anymore.

c. Televising criminal trials in never a good idea.

Step-by-step explanation

a. Right to speedy trial is important in order to avoid oppression of a person by holding criminal prosecution suspended over him for an indefinite time, which may necessarily mean deprivation of his liberty for an indefinite time, and to prevent delays in the administration of justice by mandating the courts to proceed with reasonable dispatch in the trial of criminal cases. The right to speedy trial may be defined as one free from vexatious, capricious and "oppressive" delays, in order to assure that an innocent person may be free from the anxiety and expense of a court litigation, or if otherwise, of having his guilt determined within the shortest possible time compatible with the presentation and consideration of whatever legitimate defense he may interpose. I have to emphasize the word OPPRESSIVE which describe delays, because not all delays in trial will result to violation of one's right to speedy trial. In determining whether there is a violation of the right of the accused to a speedy trial, the nature and cause of the delay should be considered in the entirety of the proceedings. This right is designed to protect both the innocent and the person who is really guilty for the indictment. First, as to the innocent. The person charged, though ultimately innocent, may avoid the rigors of trial which involve sacrifice of time, monetary resources, and of course reputation since generally, the laymen perceive that whenever a person is charged before the court, he is already guilty of the crime charged. Thus, the innocent may be relieved from these moral implications by having a speedy trial and resolving the case as fast as possible.

On the other hand, this right is also beneficial to one who is indeed guilty of a crime. Since usually a person is detained during the period of trial, arbitrarily prolonging trial for years or even decades can be loosely considered as an arbitrary detention since the trial is deliberately being delayed in order to detain the person longer. This right to speedy trial affords the person to the proper administration of justice and imposition of proper penalties so that the person would already serve his sentence and reform at the soonest possible time. This is essential in the reformation process of a guilty person and his future reintegration in the community.

b. The person must be brought to trial within 30 days immediately after his arrest or valid indictment. Bringing a defendant in trial quickly will prevent arbitrary detention or delay in his delivery before proper judicial authorities. But bringing a defendant immediately to court may cause some repercussions, especially if it will be later found out that there was mistaken identity at the defendant's prejudice, or of the private offended party changes his/her mind and not pursue the case anymore. Section 3181, Title 18 of the Crime and Criminal Procedure mandates that a person shall be filed with an information or indictment within 30 days from his arrest. This is what is considered as bringing a person into trial or bringing a person before proper judicial authorities immediately after his arrest. The law provides for a time frame which is sometimes flexible according to the present circumstances in order to prevent instances of arbitrary detention by authorities. This is beneficial for a defendant in order to shorten his deprivation of liberty. A person arrested will automatically experience deprivation of liberty. Also he may most probably be subject to public ridicule regardless if he is innocent or really guilty.Bringing the defendant to trial quickly will help him clear his name as soon as possible, if he is innocent; and will afford him shorter time in starting his reformation process if he is indeed guilty.

However, bringing a person quickly to trial has also repercussions. An instance would be when a person indicted was not mistaken as the real perpetrator. Sometimes, authorities have no choice but to indict a person even if they have not determined probable cause of the person's guilt of the charged crime in fear of being charged with arbitrary detention. This sometimes results to "hasted" filing of actions which sometimes subject a really innocent person into the rigors of trial. Also, this requirement of bringing a person into trial quickly forecloses possible negotiations between the opposing parties, especially when the private offended party has doubts in pursuing the action against the defendant for reasons personal to him.

c. Televising criminal trials in never a good idea. Undoubtedly, criminal trials are public in nature. This public nature protects an accused from any impropriety which may be cause by authorities. As such, trials are generally open to the public for viewing, subject to court rules. However, televising criminal trials is a little too far of this right to public trial. Televising criminal trial serves as premature, public punishment instead of the original aim of public trial which is to protect the welfare of the accused. As the public goes televised, a major portion of the public, if not all, would already have their own judgement for the case and if they be in large numbers, they may cause undue pressure to a judge in deciding a case. If the judge is not that firm in his stand and position, he might easily get swayed by the public opinion on the case, to the prejudice of either the State or the accused. As such, the public nature of trial must be limited to being accessible to public but not to the extent of televising it, in order to prevent "pre-decision" of cases.