Right to Speedy Trial

Question 1

which stages have constitutional rights
- pre indictment
- indictment to trial
- conviction to sentencing

Answer 1

only indictment to trial has right to speedy trial.

there is no right to speedy sentencing

Question 2

what governs right to speedy trial

Answer 2

constitution - 6th amendment
statutory - fed speedy trial act

Question 3

what happens if you violate either speedy trial authorities

Answer 3

constitutional violation –> dismissal with prejudice

statutory –> dismissal without prejudice

Question 4

what is the Barker test for speedy trial

Answer 4

1. length of delay
2. reason for delay
3. extent to which ∆ objected to delay
4. actual prejudice caused to ∆