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Speedy Trial - Federal and State Practice

NCJ Number
R L Misner
Date Published
823 pages
This volume reviews judicial decisions regarding the sixth amendment and the right to a speedy trial, in both Federal and State courts. It analyzes the Speedy Trial Act as amended in 1979.
Part One first reviews Supreme Court cases and then proceeds to cases decided in the 12 Federal circuits, focusing on their application of Barker v. Wingo. This section also considers prompt disposition issues such as preindictment delay, prompt probation and parole revocation hearings, and application of the Federal Rules of Criminal Procedure 48(b) and the Interstate Agreement on Detainers. The examination of Barker v. Wingo within the circuits addresses procedural questions and the following factors involved in Barker -- delay, cause of delay, assertion of the right by the defendant, and prejudice. The analysis of the Speedy Trial Act traces the legislative background of the original 1974 law and then explains individual provisions of the Act as amended in l979. It also discusses the procedural issues of waiver and interlocutory appeal. Part Three details constitutional, statutory, and procedural rights to a speedy trial in the 50 States and the District of Columbia. Individual discussions of each State refer to prompt disposition issues and include a summary of the State speedy trial statute or rule and the case law. Case law in this section is primarily cases decided after the 1972 Barker v. Wingo decision and before July l, 1982. Footnotes accompany each chapter. The appendixes contain the text of the Speedy Trial Act of 1974 as amended in l979 and guidelines to the Act published by the Administrative Office of the United States Courts. A table of cases and an index are supplied.


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