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Speedy Trial Clause
The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...". The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial. History In '' Barker v. Wingo'' (1972), the Supreme Court developed a four-part test that considers the length of the delay, the reasons for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant. A violation of the Speedy Trial Clause is cause for dismissal with prejudice of a criminal case. Within these parameters, it was determined that the five-year wait for this case to go to trial was not in violation of the Constitution. In 1974, Congress passed the Speedy Trial Act to help protect and clarify defendants' speedy trial rights. Speedy trial statutes In addition to the constitutional guarant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment guarantees criminal defendants eight different rights, including the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In '' Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speedy Trial
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, expressed as the maxim Justice delayed is justice denied. Although it is important for the protection of speedy trial rights for there to be a court in which a defendant may complain about the unreasonable delay of the trial, it is also important that nations implement structures that avoid the delay. Jurimetrics allows to estimate the current judicial efficiency. Speedy justice tends to correlate with quality and fairness of justice. Recognition of speedy trial rights In jurisdictions with strong rule of law, the requirement of a "speedy trial" forces prosecutors to diligently build cases within a reasonable amount of time commensurat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barker V
Barker may refer to: Occupations * Barker (occupation), a person who attempts to attract patrons to entertainment events * Barker (coachbuilder), a builder of horse-drawn coaches and later of bodywork for prestige cars * a person who strips tanbark from trees to supply bark mills People * Barker (surname), a list of people * Barker Burnell (1798–1843), U.S. Representative from Massachusetts * Barker Fairley (1887–1986), British-Canadian painter and scholar of German literature Places Antarctica * Barker Range, Victoria Land, a mountain range * Barker Peak, off the coast of Victoria Land * Barker Bank, Graham Land, a marine bank * Barker Nunatak, Palmer Land Australia * Division of Barker, an Electoral Division in South Australia for the Australian House of Representatives * Mount Barker (South Australia) *Barker Inlet The Barker Inlet is a tidal inlet of the Gulf St Vincent in Adelaide, South Australia, named after Captain Collet Barker who first sighted it in 1831. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
With Prejudice
''Prejudice'' is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, ''prejudice'' differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms ''with prejudice'' and ''without prejudice''. In general, an action taken ''with prejudice'' is final. For example, ''dismissal with prejudice'' forbids a party to refile the case and might occur because the court finds the alleged facts cannot form a valid claim, or due to misconduct on the part of the party that filed the claim or criminal complaint, or as the result of an out-of-court agreement or settlement. Dismissal ''without prejudice'' (Latin: , ) allows the party the option to refile and is often a response to procedural or technical problems with the filing that the party may be able to correct by making a new or amended filing. Etymology The origi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speedy Trial Act
The Speedy Trial Act of 1974 (88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, ) establishes time limits for completing the various stages of a federal criminal prosecution in the United States. Procedural time limits The Act establishes time limits for completing the various stages of federal criminal prosecution. The information or indictment must be filed within 30 days from the date of arrest or service of the summons. Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. Moreover, in order to ensure that defendants are not rushed to trial without an adequate opportunity to prepare, Congress amended the Act in 1979 to provide a minimum time period during which trial may not commence. Thus, the Act provides that trial may not begin less than 30 days from the date the defendant first appears in court unless the defen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Zedner V
Zedner is a Jewish-German surname. The name originates from the town of Zehden, in Brandenburg province in Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu .... Notable people with the surname include: * Joseph Zedner (1804–1871), German bibliographer and librarian * Lucia Zedner (born 1961), British legal scholar See also * '' Zedner v. United States'', 547 U.S. 489 (2006), a United States Supreme Court case References {{surname, Zedner German-language surnames Surnames of Jewish origin Yiddish-language surnames ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doggett V
Doggett may refer to : Places * 6363 Doggett (1981 CB1), a main-belt asteroid discovered in 1981 * Doggetts Fork, Virginia, an unincorporated community in the US state of Virginia People *Bill Doggett (1916–1996), US jazz and rhythm and blues pianist and organist * David Seth Doggett (1810–1880), US Bishop of the Methodist Episcopal Church * Derrick Doggett (born 1984), Canadian professional football player * Jerry Doggett (1916–1997), US sports broadcaster * John Doget (died 1501), English diplomat, scholar and Renaissance humanist. * John Doggett (columnist) (f. 1990s-present), US political commentator *John Doggett (politician) (1723–1772), Nova Scotia political figure *Lloyd Doggett (born 1946), US politician from Texas * Marjorie Doggett (1921–2010), animal rights activist in Singapore * Mark Doggett, British hard dance disc jockey * Ruth Doggett (1881–1974), English artist * Samuel Doggett (1871–1935), American jockey *Thomas Doggett (ca. 1640–1721), Irish act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice Delayed Is Justice Denied
"Justice delayed is justice denied" is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because of the unfairness for the injured party who sustained the injury having little hope for timely and effective remedy and resolution. The phrase has become a rallying cry for legal reformers who view courts, tribunals, judges, arbitrators, administrative law judges, commissions or governments as acting too slowly in resolving legal issues either because the case is too complex, the existing system is too complex or overburdened, or because the issue or party in question lacks political favour. Individual cases may be affected by judicial hesitancy to make a decision. Statutes and court rules have tried to control th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitutional Criminal Procedure
The United States Constitution contains several provisions regarding the law of criminal procedure. Petit jury and venue provisions—both traceable to enumerated complaints in the Declaration of Independence—are included in Article Three of the United States Constitution. More criminal procedure provisions are contained in the United States Bill of Rights, specifically the Fifth, Sixth, Seventh and Eighth Amendments. With the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth Amendment, and (maybe) the Excessive Bail Clause of the Eighth Amendment, all of the criminal procedure provisions of the Bill of Rights have been incorporated to apply to the state governments. Several of these rights regulate pre-trial procedure: access to a non-excessive bail, the right to indictment by a grand jury, the right to an information (charging document), the right to a speedy trial, and the right to be tried in a specific venue. Sever ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speedy Trial Clause Case Law
Speedy refers to something or someone moving at high speed. Speedy may refer to: People * Speedy (nickname), a list of people * Speedy Long (1928–2006), American lawyer and politician * Speedy Mashilo (born 1965), South African politician * Tristram Speedy or Captain Speedy (1836–1911), English adventurer and explorer and guardian of Prince Alamayou * Walter Speedy Sr. (1878–1943), American golfer noted for his contributions to African-American golfing * Yolande Speedy (born 1976), South African mountain biker * Speedy (musician), Puerto Rican reggaeton artist Juan Antonio Ortiz Garcia (born 1979) Fictional characters and mascots * Speedy Gonzales, a Warner Bros. cartoon character * Speedy (DC Comics), two DC Comics superheroes, both teenage sidekicks of Green Arrow * Speed Buggy, an anthropomorphic, fiberglass dune buggy, often nicknamed "Speedy" * Speedy Alka-Seltzer, the original mascot for the stomach remedy * Speedy, in two Oz books by L. Frank Baum, '' The Y ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
