Question
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
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
trialin jailfor 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
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