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Denial Of A Speedy Trial
The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...". The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial. History In '' Barker v. Wingo'' (1972), the Supreme Court developed a four-part test that considers the length of the delay, the reasons for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant. A violation of the Speedy Trial Clause is cause for dismissal with prejudice of a criminal case. Within these parameters, it was determined that the five-year wait for this case to go trial was not in violation of the Constitution. In response, in 1974, Congress passed the Speedy Trial Act. This Speedy trial clause protects defendants from waiting more than a certain amount of time for a trial. Speedy tri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In '' Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barker V
Barker may refer to: Occupations * Barker (occupation), a person who attempts to attract patrons to entertainment events * Barker (coachbuilder), a builder of horse-drawn coaches and later of bodywork for prestige cars * a person who strips tanbark from trees to supply bark mills People * Barker (surname), a list of people * Barker Burnell (1798–1843), U.S. Representative from Massachusetts * Barker Fairley (1887–1986), British-Canadian painter and scholar of German literature Places Antarctica *Barker Range, Victoria Land, a mountain range *Barker Peak, off the coast of Victoria Land * Barker Bank, Graham Land, a marine bank *Barker Nunatak, Palmer Land Australia *Division of Barker, an Electoral Division in South Australia for the Australian House of Representatives *Mount Barker (South Australia) * Barker Inlet, South Australia * Barker River, Western Australia *Barker Passage, Western Australia, a water channel United States *Barker, Broome County, New York, a town *Bar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
With Prejudice
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, "prejudice" differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms "with prejudice" and "without prejudice." In general, an action taken ''with prejudice'' is final. For example, "dismissal with prejudice" forbids a party to refile the case and might occur because of misconduct on the part of the party that filed the claim or criminal complaint or also as the result of an out-of-court agreement or settlement. Dismissal "without prejudice" (Latin: ''salvis iuribus'') allows the party the option to refile and is often a response to procedural or technical problems with the filing that the party may correct by filing again. With prejudice and without prejudice Criminal law Depending on the country, a criminal proceeding which ends pre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speedy Trial Act
The Speedy Trial Act of 1974 (88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, ), establishes time limits for completing the various stages of a federal criminal prosecution. Procedural time limits The Act establishes time limits for completing the various stages of federal criminal prosecution. The information or indictment must be filed within 30 days from the date of arrest or service of the summons. Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. Moreover, in order to ensure that defendants are not rushed to trial without an adequate opportunity to prepare, Congress amended the Act in 1979 to provide a minimum time period during which trial may not commence. Thus, the Act provides that trial may not begin less than 30 days from the date the defendant first appears in court unless the defendant agrees in writing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doggett V
Doggett may refer to : Places * 6363 Doggett (1981 CB1), a main-belt asteroid discovered in 1981 *Doggetts Fork, Virginia, an unincorporated community in the US state of Virginia People *Bill Doggett (1916–1996), US jazz and rhythm and blues pianist and organist *David Seth Doggett (1810-1880), US Bishop of the Methodist Episcopal Church *Derrick Doggett (born 1984), Canadian professional football player * Jerry Doggett (1916–1997), US sports broadcaster *John Doget (died 1501), English diplomat, scholar and Renaissance humanist. *John Doggett (columnist) (f. 1990s-present), US political commentator *John Doggett (politician) (1723-1772), Nova Scotia political figure *Lloyd Doggett (born 1946), US politician from Texas * Marjorie Doggett (1921-2010), animal rights activist in Singapore * Ruth Doggett (1881–1974), English artist *Samuel Doggett (1871-1935), American jockey *Thomas Doggett (ca. 1640–1721), Irish actor Other uses *''Doggett v. United States'', a 1992 case that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Zedner V
Zedner is a Jewish-German surname. The name originates from the town of Zehden, in Brandenburg province in Germany. Notable people with the surname include: * Joseph Zedner Joseph Zedner (10 February 1804 – 10 October 1871) was a German Jewish bibliographer and librarian. After completing his education, he acted as teacher in the Jewish school in Strelitz ( Mecklenburg), where the lexicographer Daniel Sanders wa ... (1804–1871), German bibliographer and librarian * Lucia Zedner (born 1961), British legal scholar See also * '' Zedner v. United States'', 547 U.S. 489 (2006), a United States Supreme Court case References {{surname, Zedner German-language surnames Jewish surnames Yiddish-language surnames ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speedy Trial
In criminal law, the right to a speedy trial is a human right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial. Although it is important for the protection of speedy trial rights for there to be a court in which a defendant may complain about the unreasonable delay of the trial, it is also important that nations implement structures that avoid the delay. Recognition of speedy trial rights In jurisdictions with strong rule of law, the requirement of a "speedy trial" forces prosecutors to diligently build cases within a reasonable amount of time commensurate with the complexity and heinousness of the crimes of which suspects are accused. The right is based on the notion that long-term incarceration should normally be restricted to situations in which a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice Delayed Is Justice Denied
"Justice delayed is justice denied" is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because of the unfairness for the injured party who sustained the injury having little hope for timely and effective remedy and resolution. The phrase has become a rallying cry for legal reformers who view courts, tribunals, judges, arbitrators, administrative law judges, commissions or governments as acting too slowly in resolving legal issues either because the case is too complex, the existing system is too complex or overburdened, or because the issue or party in question lacks political favour. Individual cases may be affected by judicial hesitancy to make a decision. Statutes and court rules have tried to control t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitutional Criminal Procedure
The United States Constitution contains several provisions regarding the law of criminal procedure. Petit jury and venue provisions—both traceable to enumerated complaints in the Declaration of Independence—are included in Article Three of the United States Constitution. More criminal procedure provisions are contained in the United States Bill of Rights, specifically the Fifth, Sixth, Seventh and Eighth Amendments. With the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth Amendment, and (maybe) the Excessive Bail Clause of the Eighth Amendment, all of the criminal procedure provisions of the Bill of Rights have been incorporated to apply to the state governments. Several of these rights regulate pre-trial procedure: access to a non-excessive bail, the right to indictment by a grand jury, the right to an information (charging document), the right to a speedy trial, and the right to be tried in a specific venue. Several ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speedy Trial Clause Case Law
Speedy refers to something or someone moving at high speed. Speedy may refer to: Ships * HMS ''Speedy'', nine ships of the Royal Navy * ''Speedy''-class brig, a class of naval ship * ''Speedy'' (1779), a whaler and convict ship despatched in 1799 from England to Australia People * Speedy (nickname), a list of people * Speedy Long (1928–2006), American lawyer and politician * Speedy Mashilo (born 1965), South African politician * Tristram Speedy or Captain Speedy (1836–1911), English adventurer and explorer and guardian of Prince Alamayou * Yolande Speedy (born 1976), South African mountain biker * Speedy (musician) (born 1979), Reggaeton artist Fictional entities and mascots * Speedy (DC Comics), two DC Comics superheroes, both teenage sidekicks of Green Arrow * Speed Buggy, an anthropomorphic, fiberglass dune buggy, often nicknamed "Speedy" * Speedy Alka-Seltzer, the original mascot for the stomach remedy * Speedy, in two Oz books by L. Frank Baum, ''The Yellow Kn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
