8.11.7 Application of Constitutional Standard

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

8.11.7 Application of Constitutional standard

The sole remedy for a violation of the federal constitutional right to a speedy trial is dismissal of the charge.¹³⁴ Dismissal bars all future prosecutions for the offense.¹³⁵ Because of the severe nature of the remedy, courts are reluctant to find violations of the right, and the Supreme Court has held that the dismissal remedy should be used sparingly.¹³⁶

--------

Notes:

^[134] . Strunk v. United States, 412 U.S. 434 (1973):

[A] defendant who may be guilty of a

...