Speedy trial
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Incriminal law,the right to aspeedy trialis ahuman rightunder which it is asserted that a governmentprosecutormay not delay thetrialof a criminalsuspectarbitrarily 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, expressed as the maximJustice delayed is justice denied.
Although it is important for the protection of speedy trial rights for there to be acourtin which a defendant may complain about the unreasonable delay of the trial, it is also important that nations implement structures that avoid the delay.[1]
Jurimetricsallows to estimate the current judicial efficiency.[2]Speedy justice tends to correlate with quality andfairness of justice.[3]
Recognition of speedy trial rights
[edit]In jurisdictions with strongrule 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 judge or jury have determined a suspect has committed a crime.
The right to a speedy trial is codified in fundamental legal documents in several jurisdictions, and may be further defined by statutory law.
Canada
[edit]Speedy trial rights are recognized withinSection Eleven of the Canadian Charter of Rights and Freedoms.
InR v Jordan,theSupreme Court of Canadaheld that these Charter rights are presumed to have been violated when the trial does not end within 18 months of the charges being filed, or 30 months when there is a preliminary inquiry. When speedy trial rights are violated, the Crown must drop relevant charges by entering a stay of proceedings.
Once the presumptive ceiling is exceeded, the burden is on the Crown to rebut the presumption of unreasonableness on the basis of exceptional circumstances outside the Crown's control.
Europe
[edit]Within Europe, speedy trial rights are recognized byArticle 6 of the European Convention on Human Rights.
In English law, this right was developed by theAssize of Clarendonin 1166 (a judge would be summoned if one was not immediately available) andMagna Cartain 1215 ( "To no one will we sell, to no one will we refuse or delay, right or justice." ).[4]
India
[edit]Right to speedy trial is guaranteed underArticle 21of theConstitution of India.[5]There is no automatic legal remedy available to defendants who are denied speedy trials, rendering it difficult to hold judicial officers accountable for violations.[6]
Japan
[edit]TheArticle 37 of theJapanese Constitutionstates, "In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal."[7]Takada case ,which had not held a court for 15 years, was dismissed bySupreme Court of Japanaccording to Article 37.[8]After the Takada case, it is considered that dismissing judge should only apply if the accused ask acceleration of a trial.
Philippines
[edit]TheConstitution of the Philippinesstates, "All persons shall have the right to a speedy disposition of their cases before all judicial,quasi-judicial,or administrative bodies. "[9]
United States
[edit]In the United States, basic speedy trial rights are protected by theSpeedy Trial Clauseof theSixth Amendment to the United States Constitution.For federal charges, theSpeedy Trial Act of 1974applies. The 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.
States may also offer additional speedy trial protections. In June 1776, a "speedy trial" provision was explicitly included in theVirginia Declaration of RightsbyGeorge Mason,its principal author.
The consequences of a speedy trial violation may require that the case be dismissed, although depending upon the circumstances it may be possible for the state to again initiate a criminal charge against a defendant despite a speedy trial violation.
Defendants maywaivetheir right to a speedy trial for the purposes ofnegotiation.[10][11]
See also
[edit]References
[edit]- ^Buonomo, Giampiero (2000)."Equa durata del processo: il risarcimento non risolve il problema".Diritto&Giustizia Edizione Online.Archived fromthe originalon 2012-08-01.[permanent dead link]
- ^Unger, Adriana Jacoto; Neto, José Francisco dos Santos; Fantinato, Marcelo; Peres, Sarajane Marques; Trecenti, Julio; Hirota, Renata (21 June 2021).Process mining-enabled jurimetrics: analysis of a Brazilian court's judicial performance in the business law processing.ACM. p. 240–244.doi:10.1145/3462757.3466137.ISBN978-1-4503-8526-8.
- ^Melcarne, Alessandro; Ramello, Giovanni B.; Spruk, Rok (2021). "Is justice delayed justice denied? An empirical approach".International Review of Law and Economics.65:105953.doi:10.1016/j.irle.2020.105953.
- ^Shestokas, David J. (13 November 2014)."Sixth Amendment's Speedy Trial Right: Ancient, Worthy and Elusive".David Shestokas.Retrieved28 September2017.
- ^"Analysis of the legal position in India on speedy trial versus judicial delay".alrc.asia.
- ^"Speedy justice is fundamental right: Madhya Pradesh HC".The Times of India.2023-11-25.ISSN0971-8257.Retrieved2024-04-20.
- ^"Nước Nhật hiến pháp / The Constitution of Japan".japaneselawtranslation.go.jp.Retrieved2020-06-17.
- ^Nước Nhật ngữ đại từ điển, ブリタニカ quốc tế đại bách khoa sự điển tiểu hạng mục sự điển, mặt trời mới mọc tin tức yết tái “キーワード”,デジタル đại từ tuyền, bách khoa sự điển マイペディア, thế giới đại bách khoa sự điển đệ 2 bản, đại từ lâm đệ tam bản, Nhật Bản đại bách khoa toàn thư (ニッポニカ), tinh tuyển bản."Miễn tố (めんそ)とは".コトバンク(in Japanese).Retrieved2020-06-17.
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:CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link) - ^"Constitution of the Philippines, Article III".Wikisource.Retrieved28 September2017.
- ^Francis, Enjoli (4 December 2018)."Teenager who was badly injured after friend pushed her off bridge still 'looking for justice'".ABC News.Retrieved23 February2024.
- ^Strom, Samuel, J.D.; Earhart, Rhonda, Esq."Right to a Speedy Jury Trial".FindLaw.Retrieved23 February2024.
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:CS1 maint: multiple names: authors list (link)