The Sixth Amendment of the U.S. Constitution is a very prominent amendment and contains several key words that the defendant must be aware of when under investigation and while being questioned by law enforcement. One of the key factors of the Sixth Amendment of the U.S. Constitution is the right to a speedy trial. Cases have been heard at the Supreme Court level regarding violations by police, law enforcement, and other judicial organizations to individuals.
Based on your readings from this unit, identify a case from the Sixth Amendment regarding speedy trial rights, and explain how the case was dismissed/rejected because of a failure to meet the requirements for a speedy trial. Further, provide a four-to eight-sentence synopsis of the case, and explain why it is important to have a speedy trial provision.
REPLY TO MY CLASSMATES RESPONSE TO THE ABOVE QUESTIONS AND EXPLAIN WHY YOU AGREE? (A MINIMUM OF 125 WORDS)
In Strunk v. United States 412 US 434 (1973), Petitioner was found guilty in United States District Court of transporting a stolen automobile from Wisconsin to Illinois. Prior to trial, the District Court denied a motion to dismiss the federal charge, in which petitioner argued that he had been denied his right to a speedy trial. At trial, petitioner called no witnesses and did not take the stand; the jury returned a verdict of guilty. The Court of Appeals reversed the District Court, holding that petitioner had in fact been denied a speedy trial. The Court of Appeals stated that the 10-month delay which occurred was “unusual and call[ed] for explanation as well as justification”.
If the defendant is denied their right to a speedy trial, the Court must dismiss the indictment against the defendant or reverse the conviction. This means that even if a defendant is guilty of the crime, a violation of the speedy trial right demands that he or she be set free.
I think it is important to have a provision that deals with a speedy trial, but to complete drop a guilty person charge is not the way I think violation should be handled. I do not know a right/good way, but I fear hard criminals can be free if this happens.
“Strunk v. United States.” Oyez, www.oyez.org/cases/1972/72-5521. Accessed 8 Aug. 2020.
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