Civil rights come in numerous forms, and one important right is the right to swift justice. This is protected by the Sixth Amendment of the U.S. Constitution.
Criminal trials should be fair and they should also be completed within a reasonable time. Of course, “reasonable time” differs depending on the complexity of the case, but unnecessary delays may amount to a breach of civil rights. Here are some of the more common reasons for delayed criminal trials.
Preparation time
Both the prosecution and defense need time to prepare their case. The prosecution must submit evidence that proves guilt beyond all reasonable doubt. The aim of the defense is often to present a case that casts reasonable doubt on the charges.
In some cases, both sides may request additional prep time, which delays the case. However, there are occasions where delays are used as a stalling tactic. If these delays extend to an unreasonable amount of time, this could be a breach of a defendant’s civil right to swift justice.
Extenuating circumstances
Sometimes, an important party to the case may go through an emergency. For instance, the prosecutor or a key witness may fall ill. This may give rise to a delayed trial. Nonetheless, a balance always needs to be struck between accommodating emergencies and the defendant’s right to swift justice.
Other common reasons for delayed criminal trials include:
- Changing jurisdiction: In some cases, it may not be possible for the defendant to receive a fair trial in certain jurisdictions.
- Backlogs: The criminal courts often face significant backlogs that create lengthy delays.
- Psychiatric evaluations: To be held legally culpable, the defendant must be of sound mind. To prove this, medical reports and psychiatric evaluations may be required. These items can take time to collect.
The Constitution protects your right to a speedy trial. To find out more about your civil rights, it may help to seek legal guidance.