Justice Delayed Is Justice Denied
| Jurisdiction | Colorado,United States |
| Citation | Vol. 10 No. 1992 Pg. 2197 |
| Pages | 2197 |
| Publication year | 1992 |
1992, October, Pg. 2197. Justice Delayed is Justice Denied
Despite the procedural delays inherent in the judicial system, a prosecutor must understand that it is his or her case which will be dismissed if the defendant is not brought to a speedy trial.(fn1) However, this obligation is shared by all who are involved in a trial. The issue of trial delays affects the public's perception of the legal system as much, if not more, than any other aspect of criminal justice. Unnecessary delay reflects poorly on the professional standards of prosecutors, defense counsel and judges.
This article discusses the standards for motions to continue or withdraw in a criminal case and how the delays caused by these motions affect the justice system.
It is the trial court's obligation, assisted by the prosecutor, to ensure that the right to speedy trial is respected.(fn2) Speedy trial is a concept designed "to prevent dillydallying on the part of the district attorney or the court."(fn3) However, prosecutors also must recognize that a speedy trial benefits not only the accused but the public---especially victims---by ensuring that those found guilty of crimes will be punished promptly.(fn4)
Tactics which thwart the purpose of the rule, such as postponing arraignments until all pretrial matters are concluded, are unacceptable in the absence of consent by the defendant.(fn5) Chronic congestion of the court's docket also is an inappropriate excuse for postponements, although it may be considered as one of a number of factors that may justify an extension.(fn6)
The basis for a speedy trial is constitutional,(fn7) but it has been codified and made subject to the rules of procedure. In Colorado, the period has been defined statutorily to be six months from the entry of a plea.(fn8) However, the statute also contains a list of exceptions to this time limit. Most obviously, delays caused by the defendant will prolong the speedy trial period. For example, a defendant's request for continuance or failure to appear will result in an extension of at least an additional six months.(fn9)
Continuances requested by the prosecutor, if agreed to by the defendant, also will extend the time period between the request and the new date. In the absence of an objection by the defense prior to the commencement of the trial or the entry of a plea of guilty, the right to a speedy trial is deemed to be waived.(fn10) Waiver also is implied if the defendant or counsel fails to object expressly at the time of the setting.(fn11)
Prosecutorial delays due to the unavailability of material evidence or additional exceptional circumstances are appropriate only if supported by specific findings of the trial court. Such delays may not exceed an additional six months.(fn12) It is not allowable for the prosecution to dismiss charges in order to avoid speedy trial constraints. However, the defendant bears the burden to show that avoidance of the statutory period for speedy trial was the prosecutor's motive...
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