Justice Delayed or Justice Denied
Case Study
Though it is highly unlikely that the Supreme Court ever gives a flat mandate for what constitutes a “speedy” trial, this has not stopped some states and jurisdictions from requiring certain timelines to be met. For example, some states require that arraignments are held within the first 48 hours, but others do not have such standards. The only federal-level mandate is the 1974 Speedy Trial Act, which requires that indictment occur within 30 days of arrest, and 70 days from indictment to trial. However, this does not and has not stopped defendants from requesting continuances for multiple reasons, which create delays. There is no consensus on what constitutes a “speedy” trial with these additional delays factored in, leading some to conclude, “justice delayed, justice denied.”
Questions for Discussion
- If you were to designate or enforce certain ranges and deadlines to avoid unnecessary delay, what would they be?
- Would they vary by crime? By offender? Any extrajudicial factors?
- Should courts be incentivized to process cases more quickly?
- What advantages would this have? What would such a process look like?
Justice Delayed or Justice Denied
Case Study
Though it is highly unlikely that the Supreme Court ever gives a flat mandate for what constitutes a “speedy” trial, this has not stopped some states and jurisdictions from requiring certain timelines to be met. For example, some states require that arraignments are held within the first 48 hours, but others do not have such standards. The only federal-level mandate is the 1974 Speedy Trial Act, which requires that indictment occur within 30 days of arrest, and 70 days from indictment to trial. However, this does not and has not stopped defendants from requesting continuances for multiple reasons, which create delays. There is no consensus on what constitutes a “speedy” trial with these additional delays factored in, leading some to conclude, “justice delayed, justice denied.” Use APA referencing style.
Questions for Discussion
- If you were to designate or enforce certain ranges and deadlines to avoid unnecessary delay, what would they be?
- Would they vary by crime? By offender? Any extrajudicial factors?
- Should courts be incentivized to process cases more quickly?
- What advantages would this have? What would such a process look like?