Pre-Trial Rights

Question 1

Which amendment guarantees right to speedy trial?

Answer 1

Sixth Amendment

Question 2

Remedy for violation 6th Amendment Right to Speedy Trial

Answer 2

Dismissal with prejudice

Question 3

When does speedy clock begin running?

Answer 3

1. Once ∆ is accused by formal charging; OR
2. Once ∆ is arrested and held to answer for a crime

Question 4

court judges violations of the right to a speedy trial by balancing the following factors

Answer 4

1. the length of the delay;
2. the reason for the delay;
3. the defendant’s assertion of his right to a speedy trial; and
4. the prejudice to the defendant, which may include oppressive incarceration, memory loss by witnesses, loss of evidence, and anxiety to the defendant.

Question 5

When must ∆ be indicted under Speedy Trial Act of 1974

Answer 5

within 30 days of arrest and trial within 70 days of indictment.