In an essay of 750-1,000 words, address the following:
What is the importance of having a speedy trial?
How does one determine whether a trial has been “speedy†?
Use Findlaw, Cornell Law, or Lexis-Nexis in the GCU Library to locate one appellate court case that has assisted us with interpreting the right to a speedy trial. Why is this case important?
Utilize three to five relevant, scholarly sources in support of your content.
Prepare this assignment according to the guidelines found in the APA Style Guide. This guide is located in the Student Success Center. An abstract is not required.
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The Importance of Speedy Trial
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The Importance of Speedy Trial
One important principle in criminal justice is that every accused person is innocent until it is proven beyond that that such a person is guilty. The Sixth Amendment was enacted to protect this fundamental right of the accused persons. According to Samaha (2011), the Sixth Amendment states that in all criminal trials, the accused persons shall enjoy the right to speedy trial. The principle of speedy trial has been in place in the American Justice system long before the Bill of Rights and its application dates back to more than 900 years ago. Based on the premise of innocence until proven guilty, the right to speedy trial is important should be protected always by the trial judge.
The right to speedy trial helps in promotion and protection of several interests in the trial process. Samaha (2011) points out that through a speedy trial process it prevents the possibility of the accused spending longtime in detention before the trial process begins. Since the accused are not yet determined to be guilty speedy trial protects their right to freedom of association. Long detention is akin to saying that the accused is guilty and subjecting them to the anxiety of the detention process would turn out to be wrongful detention. Speedy trial eliminates such an occurrence allowing the victim the right to justice in the shortest time possible.
The speedy trial also ensures the protection of the uncertainty that surrounds the criminal prosecution by guarding the possibility of deterioration and or loss evidence. The protection of the evidence and guarantee of freedom through the protection of laws ensures that the trial process obtains the correct results (Samaha, 2011). This is because the delayed trial process would mean the loss of evidence and witnesses or loss of their memory. This would apply not only to the prosecution but also the defence side. The process also ensures the resources during the trial process are used effectively for the benefit of delivery of justice. One of the major problems that faced the principle of the speedy trial has been delays in criminal proceedings. However, after years of debates and deliberations, the United States Congress enacted legislation to ensure possible delays in court proceedings were remedied. According to Wilson (2010), the US Congress passed the Speedy Trial Act in 1974. Through the act, time limits for the disposition of criminal cases in US trial courts were established. The act demands that charges are dismissed after they are determined………………………………………………………………………………………………
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