NCJ Number
6939
Journal
California Law Review Volume: 60 Issue: 3 Dated: (MAY 1972) Pages: 900-912
Date Published
1972
Length
13 pages
Annotation
IN A RECENT CASE THE CALIFORNIA SUPREME COURT DETERMINED THAT AN UNJUSTIFIED DELAY BETWEEN COMPLAINT AND ARREST VIOLATES THE DEFENDANT'S RIGHT TO A SPEEDY TRIAL.
Abstract
THE OPINION OF THE COURT IN THAT CASE IS REPLETE WITH SUGGESTIONS THAT THE COURT WILL TAKE AN APPROACH MORE FAVORABLE TO THE DEFENDANT IN FUTURE CASES INVOLVING PRE-PROSECUTION DELAY. IT WILL TEST SUCH DELAYS UNDER SPEEDY TRIAL OR DUE PROCESS STANDARDS. IT WILL FIND PREJUDICE TO THE DEFENDANT FROM A MERE LOSS OF MEMORY WHEN THE DELAY IS LONG, AND IT MAY INQUIRE INTO THE REASONABLENESS OF POLICE PROCEDURES CAUSING THE DELAY. WHAT IS NEEDED, HOWEVER, ARE CONCRETE GUIDELINES THAT WILL ESTABLISH A STANDARD FOR PROSECUTORIAL DILIGENCE. THOUGH THE COURT DID NOT ESTABLISH SUCH GUIDELINES IN THIS CASE, WHICH INVOLVED PREARREST DELAY NOT PREPROSECUTION DELAY, IT CAN BE EXPECTED TO DO SO WHEN PROPER CASE COMES BEFORE IT. AUTHOR MODIFIED.