Speedy Trial

• Author: A. Kenneth Pye
• Pages: 2465-2466

Page 2465

The Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right to a speedy? trial." The Supreme Court in KLOPFER V. NORTH CAROLINA (1967) held that the guarantee is applicable to the states through the DUE PROCESS clause of the FOURTEENTH AMENDMENT. The origin of the right can be traced back at least to MAGNA CARTA (1215) and perhaps to the Assize of Clarendon (1166). On different occasions the Supreme Court has described it as "fundamental," "slippery," and "amorphous."

Denial of a speedy trial may result in prolonged incarceration prior to trial and exacerbation of the anxiety and concern that normally accompany public accusations of crime. Prolonged incarceration before trial inevitably involves a disruption of normal life and imposition of a substantial sanction at a time when innocence is still presumed. It causes loss of productive labor, normally without opportunity for training or rehabilitation, and frequently interferes with preparation of a defense.

Pretrial release can ameliorate these conditions, but a defendant who achieves pretrial release may be subject to significant restraints on his freedom of action, his job may be threatened, his resources may be dissipated, and he and his family may suffer from understandable concern about his future while his reputation in the community is impaired. For these reasons courts have enforced the right in a variety of contexts. Charges were dismissed in Smith v. Hooly (1969) when a state failed to bring a defendant to trial on state charges while he was serving a federal sentence despite demands for trial by the accused, and in Klopfer when a state suspended prosecution indefinitely although the defendant was not in custody.

Not all defendants want a speedy trial; many want no trial at all. Delay is a common defense tactic and in some cases an accused may benefit from prolonged delay, particularly when pretrial release has been achieved. In such cases, although only the defendant has a right to demand a speedy trial, the state may desire a speedy trial. Prolonged delay contributes to court backlog and places pressure on prosecutors to make concessions in PLEA BARGAINING. Defendants released pending trial may commit additional crimes. Witnesses may die. Memories fade. The risk of escape or bail-jumping cannot be ignored.

Not infrequently, delay may serve the interests of both an accused and a prosecutor for different reasons...