Constitutional Right to a Speedy and Fair Criminal Trial

by Freedman, Warren

• ISBN13: 9780899303314
• ISBN10: 0899303315
• Format: Hardcover
• Copyright: 1989-01-01
• Publisher: Praeger Pub Text

Summary

Although the U.S. Constitution guarantees those accused of a crime the right to a speedy and fair trial, in practice the judicial system is increasingly characterized by excessive trial delays and unfair trial situations. Here Warren Freedman, a member of the New York, Connecticut, and U.S. Supreme Court bars, offers a comprehensive discussion of the constitutional and statutory provisions underlying the right to a speedy and fair trial and examines their application in actual court practice. As Freedman notes, the mounting costs of lengthy litigation periods dictate that--if only for pragmatic reasons--the constitutional rights of accused criminals to speedy and fair trials must be respected. Freedman begins with an introduction to the concept and historical background of the speedy and fair trial. Turning to an examination of constitutional guarantees, he fully reviews the sixth and fourteenth amendments and their interpretation by the courts. Subsequent chapters examine the criteria for speed and fairness, the role of the jury, and related statutes such as The Speedy Trial Act of 1974, as well as grand jury investigations and prosecutorial abuses of the legal principles that guarantee speed and fairness. Throughout, analyses of applicable case law and precedent-setting court decisions illuminate the discussion. An indispensable resource for attorneys in criminal, corporate, and private practice, this volume clearly delineates not only the foundations of speedy and fair trial guarantees but also the many factors that can work against them in today's often overburdened judicial system.

Table of Contents

Background to the Speedy and the Fair Criminal Trial

The Fair and Speedy Criminal Trial Under the Sixth Amendment

The Fourteenth Amendment and the Right to a Speedy and a Fair Criminal Trial

Time Criteria for the Speedy Criminal Trial Under the Sixth Amendment

Fairness Criteria for the Fair Criminal Trial

The Role of the Jury in the Speedy and Fair Criminal Trial

The Right to Counsel and the Conduct of Attorneys and of Government

Grand Jury Investigations and Other Pre-Trial Proceedings

Criminal Procedure and the Fair and Speedy Trial

Definitions and Terminology of Crimes

Bibliography

Indexes