Crim Pro

Question 1

Delays caused by counsel assigned by the court to the defendant should:

Answer 1

ordinarily be attributed to the defendant and not to the state.

Question 2

A determination of whether the defendant’s right to a speedy trial has been violated:
(4 factors)

Answer 2

will be made by an evaluation of the totality of the circumstances. The following factors should be considered:

(i) Length of the delay;
(ii) Reason for the delay;
(iii) Whether the defendant asserted his right; and
(iv) Prejudice to the defendant.

Question 3

The remedy for a violation of the constitutional right to a speedy trial is:

Answer 3

dismissal with prejudice.