The Constitutional Right to a Speedy and Fair Criminal Trial

The Constitutional Right to a Speedy and Fair Criminal Trial cover

The Constitutional Right to a Speedy and Fair Criminal Trial

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Description

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

Product details

Published 20 Jan 1989
Format Hardback
Edition 1st
Extent 189
ISBN 9780899303314
Imprint Praeger
Dimensions 210 x 140 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Warren Freedman

WARREN FREEDMAN, a member of the New York, Federal…

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