The constitutional right to a speedy trial is also applicable to speedy dispositions of charges against unindicted persons. For example, a Massachusetts statute calling for a probable cause hearing "as soon as possible" allows the prosecution undue discretion when determining when a defendant will be charged and violates his rights to a speedy trial.
The concept of probable cause arose to guarantee that no person is unjustly detained; a justice of the peace has to determine whether there is sufficient evidence to detain a suspect. In defining what constitutes a speedy trial, the US Supreme Court has enunciated four factors that apply to both Federal and State defendants: length of delay, reason for the delay, the defendant's assertion of his right to a speedy trial, and prejudice to the defendant. The author suggests that the Massachusetts statute is unconstitutionally vague by not imposing rigid procedural time guidelines as required by the Supreme Court. 134 notes