Origin of right to speedy and public trial

North Carolina, U. The Klopfer Court cites an even earlier reference to a right to a speedy trial, dating from Ewell, U. Hooey, U. Florida, U. Wingo, U. The Speedy Trial Act of , Pub. Marion, U. United States v. Toussie, U. In some circumstances, pre-accusation delay could constitute a due process violation but not a speedy trial problem.

Marion , U. Lovasco, U. MacDonald, U. In United States v. In June of , the investigation was reopened, but a grand jury was not convened until August of , and MacDonald was not indicted until January of The period between dismissal of the first charge and the later indictment had none of the characteristics which called for application of the speedy trial clause.

Only the period between arrest and indictment must be considered in evaluating a speedy trial claim. Marion and MacDonald were applied in United States v. Loud Hawk, U. In Pollard v.

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Performance Performance. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Analytics Analytics. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

North Carolina, U. But beyond its widespread applicability in state and federal prosecutions are questions of when the right attaches and detaches, when it is violated, and how violations may be remedied.

The timeline between the commission of a crime and its trial may include an extended period for gathering evidence and deciding to commence a prosecution. Prejudice that may result from delays between discovering a crime and completing its investigation, or between discovering sufficient evidence to proceed against a suspect and instituting proceedings, is guarded against primarily by statutes of limitation, which represent a legislative judgment with regard to permissible periods of delay.

Marion, U. United States v. Toussie, U. In some circumstances, pre-accusation delay could constitute a due process violation but not a speedy trial problem. Marion , U. Lovasco, U. MacDonald, U.