NCJ Number
80902
Journal
Baylor Law Review Volume: 33 Issue: 4 Dated: (Fall 1981) Pages: 707-748
Date Published
1981
Length
42 pages
Annotation
Decisions by the U.S. Supreme Court, the Texas Supreme Court, and the Texas Court of Criminal Appeals that address respective consttutional and statutory rights to a speedy trial are reviewed, with particular attention to the dual interests of the accused and the public.
Abstract
Although the constitutional provisions for a speedy trial are couched in terms of what the accused shall 'enjoy' and 'have,' they and the Texas Speedy Trial Act also involve important considerations of public interest in prompt disposition of pending criminal cases. The accused who desires a speedy trial may grasp the constitutional right, but a person who claims denial of his/her speedy trial right after conviction is likely to be told that the right to a speedy trial was not sought soon enough or strongly enough. Implementation of salutory public policy should flow from a more reliable source than an accused informed sufficiently to act out of self-interest. Since making an inquiry is not dependent upon demand by an accused, it should be incumbent upon trial court personnel to spot delay in the progress of a case toward trial and bring it to the attention of the judge and affected officers of the court. A rule of thumb is provided by the Texas Speedy Trial Act, because its schedules reflect a legislative determination of what trial delay is presumptively prejudicial. When this inquiry is made, the judge should ensure that the record reflects pertinent historical facts about dates of arrest, complaint, information, and indictment; the nature of the offense; release on bail; and other factors which triggered the inquiry. The prosecution must assume the responsibility of assigning reason for the delay, and, if necessary, be goaded by the court into developing the bases for whatever reason is assigned and being subjected to examination by the accused on the matter. The Court of Criminal Appeals should assume the leadership role in compelling a speedy trial, since it has this authority. A total of 282 notes are listed. (Author summary modified)