8.11.9 Preaccusation Delay

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

8.11.9 Preaccusation Delay

Because the right to a speedy trial attaches only when the person has become an "accused," delays in arresting or charging a person with a crime do not violate the Sixth Amendment. The Due Process Clauses of the Fifth and Fourteenth Amendments may apply, however, to precharge delays. The question in such cases is whether an unnecessary preaccusation delay caused substantial prejudice to a fair trial.¹⁴² The courts have been reluctant to find such prejudice.¹⁴³

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