Glossary S

Speedy Trial

The right to a speedy trial is the Sixth Amendment guarantee that a person accused of a crime will not face prolonged delay between the initiation of criminal proceedings, such as an arrest or formal charge, and conviction. The Supreme Court has held that the remedy for violating this right is dismissal of the charges. Congress has also set statutory deadlines in the Speedy Trial Act, including no more than 70 days between indictment and trial.

The right to a speedy trial is the Sixth Amendment guarantee that a person accused of a crime will not face prolonged delay between the initiation of criminal proceedings, such as an arrest or formal charge, and conviction. The Supreme Court has held that the remedy for violating this right is dismissal of the charges. Congress has also set statutory deadlines in the Speedy Trial Act, including no more than 70 days between indictment and trial.

Example: A defendant whose case drags for years between indictment and trial because of prosecutorial neglect can seek dismissal under the Speedy Trial Clause, and the court must dismiss the charges with prejudice if the right was violated.

Common misconception: The speedy trial right does not apply to delay before charges are filed; statutes of limitation and the Due Process Clause address pre-accusation delay instead.

Sources: https://constitution.congress.gov/browse/essay/amdt6-2-1/ALDE_00012979/; https://constitution.congress.gov/constitution/amendment-6/