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2 years, 2 months ago

What constitutes a speedy trial?

The murder trial of Casey Anthony in Florida is scheduled for May of 2011, although she was arrested in August of 2008. She has been in prison for almost the entire time.

Regardless of this case, what do you think is a reasonable amount of time to require someone to wait between arrest and trial (consider the right to a speedy trial). Surely it isn't three years... or is it?
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whill59 | 2 years, 2 months ago
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There is no universal definition of a "speedy trial". Most districts set time frames but, they change from district to district.

In the case of Casey Anthony, there are several factors that could be involved in her case, such as attorney delays, court delays, statute of limitations, etc.

If she is still encarserated then there are several reasons for that:
She's either a flight risk or she couldn't afford to set bail, forfeit speedy trial is always a factor.

The source below is excellent on Florida Speedy Trial Law. You might want to take a look at that.

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keepontryin | 2 years, 2 months ago Report

You're right, that's an excellent source. It appears that if young Casey had wanted to request her right to a speedy trial, she had every opportunity to do so and has chosen against it. I know that some of the delays have been requested by the defense, so they obviously believe the delays are working to their advantage for whatever reason.

Thnsk

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albanian | 2 years, 2 months ago
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There is no simple answer to this question because when you stop and look at the cases the delays sometimes make sense. Of course, other times they don't. But, there is no simple amount of time that constitutes speedy.

Legally, some of the complicating factors include:
Each state is different. Some states use different amounts of time for different classes of crime.
Defendents often have the ability to "Waive" the right to a speedy trial in order to better prepare their defense.
Generally, also consider:
Circumstances beyond anyone's control can delay trials, and also new evidence can turn up requiring time consuming technical analysis.

Once the trial is ready to begin, it's pretty much up to the judge whether the trial is progressing reasonably and whether to grant delays to one side or the other.

I think that the delays are too large too often. But, I don't have a solution because modern trials for serious crimes are so complex.

The US Supreme Court has weighed in on the Federal Constitutional right in BARKER v. WINGO, 407 U.S. 514 (1972).
They unanimously pretty much said the same thing, ie., it depends:"Held: A defendant's constitutional right to a speedy trial cannot be established by any inflexible rule but can be determined only on an ad hoc balancing basis, in which the conduct of the prosecution and that of the defendant are weighed." They listed four factors to consider: " The court should assess such factors as the length of and reason for the delay, the defendant's assertion of his right, and prejudice to the defendant." In that case, a delay of 5 years was ok for a murder trial because the delays were for good reason and were not prejudicial to the defendant. (An accomplice was being tried first, but that trial went through six iterations.)

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keepontryin | 2 years, 2 months ago Report

You make good points and I liked your source.

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buddawiggi | 2 years, 2 months ago
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I think that if both the prosecution and the defense are proceeding in the best interest of their clients (prosecution and the people, defense and the accused) then the trial is considered speedy. Each may for reasons that are believed to be beneficial to the interest of their client ask for or create delays in order to do a better job of representing their client.

So as long as nobody is being held in jail while _absolutely_ nothing is done then a trial .. I feel .. would be considered to be going at the pace that would be legally considered speedy.

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keepontryin | 2 years, 2 months ago Report

Well, that actually makes good sense, in a way. It's hard for me to argue against.

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