This paper sets out to show that the legal right of a U.S. citizen to a "speedy trial," as set forth in Amendment VI of the Bill of Rights, cannot be guaranteed. Using the four questions set by the Supreme Court to define to a certain extent what is meant by "speedy," the writer examines five cases where the trial dragged out from over a year to more than six years, including sentencing, due to causes such as justice court appeals, Supreme Court appeals, carelessness, and mistrials. The last case examined is that of O.J. Simpson, which took place after the Speedy Trial Act of 1974. The writer concludes therefore that the right to a "speedy trial" is not as easy to uphold as it may sound.
From the Paper:
"The last case in which an accused felon did not receive the right to a speedy trial was the trial of The People of the State of California v. Orenthal James Simpson. O.J. asked for a speedy trial so that the prosecution would be as unprepared as possible. This may have helped to acquit O.J., for the prosecution was not prepared for its proof such as the DNA test. Also, there were delays with the trial itself. In the jural selection, two of the remaining 12 (supposed to be in the trial) were released from the panel. So, instead of twelve jurors, there were only ten."
Sample of Sources Used:
Bergman, Paul, and Sarah J. Berman-Barret. The Criminal Law Handbook. Berkley: Nolo Press, 1999.
Epstein, Lee, and Thomas G. Walker. Constitutional Law for a Changing America. Washington D.C.: CQ Press, 2000.
Force, Eden. The Sixth Amendment. The American Heritage History of the Bill of Rights. Englewood Cliffs: Gallin House Press Inc. 1991.
Hogrogian, John. Miranda v. Arizona The Rights of the Accused. San Diego: Lucent Books, 1999.
The Longest Trials in the World (2012, January 15). Retrieved February 13, 2012, from http://www.academon.com/Term-Paper-The-Longest-Trials-in-the-World/107725
"The Longest Trials in the World" 15 January 2012. Web. 13 Feb. 2012. <http://www.academon.com/Term-Paper-The-Longest-Trials-in-the-World/107725>
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Published by:
Vince Guero
Publisher Since:
Sep 09, 2008
I have 4 years High School where i graduated with honors and 4 years of college under my belt. I'm Bilingual in English and Spanish.