John Smith has been arrested for a burglary of a residence and for stealing money and expensive jewelry from the residence. If Smith's jury trial does not occur for eighteen months after his arrest, what are the factors the appellate court will evaluate to determine whether or not there has been a violation of a defendant's right to a speedy trial? Provide facts that would support each factor
What will be an ideal response?
The factors courts evaluate to determine whether or not there has been a violation of
a defendant's right to a speedy trial are from the Sixth Amendment and include (1) a
trial free from unnecessary and unwanted delay? (2) if the delay is due to willful
delay tactics by the accused, the accused will be deemed to have waived the right.
An example of the first is if the jury trial was delayed by the court due to
overcrowded dockets, and not at the request of the prosecution. An example of the
second is when the defendant requests continuances for the date for his preliminary
hearing? then requests continuances for the date for his arraignment in the trial court?
then requests continuances for the date for his trial to begin.
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