Justice delayed is justice denied. Speedy trial in criminal prosecution ensures justice. With speedy trial defendants will not languish in prison indefinitely. There will be minimization of disruption of his regular life and reduction of mental agony due to confinement and public criminal proceedings. An inordinate delay in trial affects the ability of the accused to present his best defense. With passage of time memories fade out, witnesses disappear and evidences get lost or destroyed.
Under the Sixth Amendment the government is under an obligation to prosecute an arrested person within a time frame after formally accusing him of a crime. Similarly an arrested person has a right to speedy trial from the moment he has been formally accused of a crime.
Even the Supreme Court has not found it possible to draw any clear line of demarcation between tolerable pre trial delays and excessive delays.
The court considers the following factors while deciding a speedy trial claim: -
Length of the period of delay
The jeopardy of the defendant due to delay
The stage since which the defendant pressed for speedy trial
Defendants who are parties to delaying the proceedings loose their right to speedy trial. For instance, defendants
who are guilty of filing frivolous pre trial motions are deemed to have given up their rights to speedy trial.
Delays on part of the government or the prosecution are in violation of the right to speedy trial.
When the delay in bringing the defendant to trial reaches one year, there is a presumption against the government that the sixth amendment has been breached. Then the burden is on the prosecution to furnish a sustainable and acceptable explanation for the delay. In default, the conviction is liable to be set aside or the sentence is liable to be vacated.
