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Running head: LAW 1
The Right to a Speedy Trial
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LAW 2
Normally, when a suspect is arrested and detained pending hearing, he or she is detained
for a specified period. According to the Sixth Amendment, the suspect has got right to a speedy
trial. Basically, this means that the suspect can be tried for the alleged crimes within a reasonable
short time. Furthermore, it means that the jury must find the defendant guilty beyond any
reasonable doubt. The Sixth Amendment has accorded the criminal defendants with a lot of
rights which were earlier deprived of them. Some of the reasons as to why speedy trial may be
awarded to the defendant includes the following; avoiding lengthy imprisonment without cause,
protecting the defendant’s defense case since some of the facts may be lost during the lengthy
imprisonment, and minimizing the anxiety while awaiting a case resolution. Moreover, the term
lengthy might differ in many contexts. Some of the reasons as to why the justice system allows
for the speedy trial include length of delay, and reason must be justifiable.
In the State vs Buckner case, the presiding judge was a retired one. Over the years, the
constitution has authorized the retired judges to come back to duty only under special
circumstances. The request of a speedy trial was allowed and the judge was recalled to overhear
the case. Generally, judges retire at the age of seventy years. Once they hit the seventieth mark,
they are allowed to willingly retire or maybe go on for a few more years. The Sixth Amendment
has guaranteed that the criminal defendants can access seedy trial. In this case, the defendant,
James Buckner demanded for a speedy trial and the judge that was assigned to him was a retired
one.
The right to a speedy trial is only activated under special circumstances. The delay period
varies. For instance, one year or even two years. In such a case, one can demand a speedy trial
since the defendant can raise a complaint of prejudice. In the Sate vs Buckner case, Johnson was
arrested in February 2013. Presumptively, the trial court and the state agreed that that was much
time before being held on trial. The period was two years and nine months and this was agreed to
be prejudicial. The following are some of the reasons that the court used to determine whether or
not the defendant deserved a speedy trial.
The first one is the length of the delay. A period of approximately three years was seen as a
prejudice. This was a simple case and it was assumed that all the required investigation was
completed before the first year ended. This delay was considered as uncommon and can tamper
with the credibility of the defense statement. The second factor is the reason for delay. Johnson
was jailed for a period of 22 months and this was quite a long time for a person who has
committed a simple DUI crime. The state further argued that since the defendant was jailed for
other crimes, the 22 months period was justified. However, the trial court argued that if the delay
goes unexplained, it is treated as negligence of the State (Herman, 2006). The last one is
prejudice. As the Supreme Court has argued out, the right to a speedy trial was meant to protect
the defendant from oppressive pretrial anxiety and reduce the chances of the defense statement
from being impaired.

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Running head: LAW 1 The Right to a Speedy Trial Student’s Name Institution Affiliation LAW 2 Normally, when a suspect is arrested and detained pending hearing, he or she is detained for a specified period. According to the Sixth Amendment, the suspect has got right to a speedy trial. Basically, this means that the suspect can be tried for the alleged crimes within a reasonable short time. Furthermore, it means that the jury must find the defendant guilty beyond any reasonable doubt. The Sixth Amendment has accorded the criminal defendants with a lot of rights which were earlier deprived of them. Some of the reasons as to why speedy trial may be awarded to the defendant includes the following; avoiding lengthy imprisonment without cause, protecting the defendant’s defense case since some of the facts may be lost during the lengthy imprisonment, and minimizing the anxiety while a ...
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