• blanketswithsmallpox@kbin.social
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    1 year ago

    FWIW, a speedy trial is mostly bullshit and negated now through Amendment 14 due to Due Process. There’s a lot of jargon when it applies to this shit though but the highlights are below. Most people waive their right to a speedy trial due to evidence collection, finding a jury that’s unbiased, and so many other things. Particularly for high profile cases.

    Length of delay. The Court did not explicitly rule that any absolute time limit applies. However, it gave the example that the delay for “ordinary street crime is considerably less than for a serious, complex conspiracy charge.”

    Reason for the delay. The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness or other practical considerations (e.g., change of venue).

    Time and manner in which the defendant has asserted his right. If a defendant agrees to the delay when it works to his own benefit, he cannot later claim he has been unduly delayed.

    Degree of prejudice to the defendant which the delay has caused.

    https://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution

    https://www.law.cornell.edu/constitution-conan/amendment-6/when-the-right-to-a-speedy-trial-applies