0

The Principle of the Right to a Speedy Trial

Description: The Principle of the Right to a Speedy Trial Quiz
Number of Questions: 15
Created by:
Tags: criminal justice due process speedy trial
Attempted 0/15 Correct 0 Score 0

What is the primary purpose of the right to a speedy trial?

  1. To ensure that the accused is not held in jail for an unreasonable amount of time.

  2. To prevent the accused from fleeing before trial.

  3. To protect the accused's right to a fair trial.

  4. To ensure that the evidence against the accused is not lost or tampered with.


Correct Option: A
Explanation:

The right to a speedy trial is designed to protect the accused from being held in jail for an unreasonable amount of time before trial. This right is guaranteed by the Sixth Amendment to the U.S. Constitution.

What factors does a court consider when determining whether a trial has been speedy?

  1. The length of time between the arrest and the trial.

  2. The complexity of the case.

  3. The availability of witnesses.

  4. The defendant's request for a continuance.


Correct Option:
Explanation:

When determining whether a trial has been speedy, a court will consider all of the relevant factors, including the length of time between the arrest and the trial, the complexity of the case, the availability of witnesses, and the defendant's request for a continuance.

What are the consequences of a violation of the right to a speedy trial?

  1. The charges against the accused may be dismissed.

  2. The accused may be released from jail.

  3. The trial may be delayed.

  4. The accused may be awarded compensation.


Correct Option:
Explanation:

If a court finds that the right to a speedy trial has been violated, the consequences may include the dismissal of the charges against the accused, the release of the accused from jail, the delay of the trial, or the award of compensation to the accused.

What is the Speedy Trial Act of 1974?

  1. A federal law that sets time limits for the trial of criminal cases.

  2. A state law that sets time limits for the trial of criminal cases.

  3. A law that applies only to federal criminal cases.

  4. A law that applies only to state criminal cases.


Correct Option: A
Explanation:

The Speedy Trial Act of 1974 is a federal law that sets time limits for the trial of criminal cases. The Act applies to all federal criminal cases, regardless of the severity of the crime.

What are the time limits set by the Speedy Trial Act of 1974?

  1. The trial must begin within 30 days of the arrest.

  2. The trial must begin within 60 days of the indictment.

  3. The trial must begin within 70 days of the arraignment.

  4. The trial must begin within 90 days of the filing of the complaint.


Correct Option: C
Explanation:

The Speedy Trial Act of 1974 sets a time limit of 70 days for the trial to begin after the arraignment. This time limit can be extended for good cause, but only if the defendant agrees.

What is the Barker v. Wingo test for determining whether a speedy trial violation has occurred?

  1. The length of the delay.

  2. The reason for the delay.

  3. The defendant's assertion of his right to a speedy trial.

  4. The prejudice to the defendant.


Correct Option:
Explanation:

In Barker v. Wingo, the Supreme Court held that a speedy trial violation occurs when the government's delay in bringing a defendant to trial is unreasonable. The Court set forth a four-factor test for determining whether a speedy trial violation has occurred: the length of the delay, the reason for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant.

What is the length of time that is considered presumptively prejudicial in a speedy trial analysis?

  1. 30 days.

  2. 60 days.

  3. 90 days.

  4. 120 days.


Correct Option: D
Explanation:

In Barker v. Wingo, the Supreme Court held that a delay of more than 120 days is presumptively prejudicial to the defendant. This means that the government must show that the delay was justified and that the defendant was not prejudiced by the delay.

What is the prejudice that a defendant must show in order to establish a speedy trial violation?

  1. Actual prejudice.

  2. Presumptive prejudice.

  3. Irreparable prejudice.

  4. Prejudice to the defendant's reputation.


Correct Option: A
Explanation:

In order to establish a speedy trial violation, the defendant must show that he or she was actually prejudiced by the delay. This means that the defendant must show that the delay caused him or her to lose witnesses, evidence, or other important information.

What is the remedy for a speedy trial violation?

  1. The charges against the accused may be dismissed.

  2. The accused may be released from jail.

  3. The trial may be delayed.

  4. The accused may be awarded compensation.


Correct Option:
Explanation:

The remedy for a speedy trial violation may include the dismissal of the charges against the accused, the release of the accused from jail, the delay of the trial, or the award of compensation to the accused.

What is the importance of the right to a speedy trial?

  1. It protects the accused from being held in jail for an unreasonable amount of time.

  2. It prevents the accused from fleeing before trial.

  3. It protects the accused's right to a fair trial.

  4. It ensures that the evidence against the accused is not lost or tampered with.


Correct Option:
Explanation:

The right to a speedy trial is important because it protects the accused from being held in jail for an unreasonable amount of time, prevents the accused from fleeing before trial, protects the accused's right to a fair trial, and ensures that the evidence against the accused is not lost or tampered with.

What are some of the challenges to enforcing the right to a speedy trial?

  1. The complexity of criminal cases.

  2. The shortage of judges and courtrooms.

  3. The lack of resources for indigent defendants.

  4. The unwillingness of prosecutors to dismiss charges.


Correct Option:
Explanation:

There are a number of challenges to enforcing the right to a speedy trial, including the complexity of criminal cases, the shortage of judges and courtrooms, the lack of resources for indigent defendants, and the unwillingness of prosecutors to dismiss charges.

What are some of the reforms that have been proposed to address the challenges to enforcing the right to a speedy trial?

  1. Increasing the number of judges and courtrooms.

  2. Providing more resources for indigent defendants.

  3. Encouraging prosecutors to dismiss charges that are not likely to result in a conviction.

  4. Adopting stricter time limits for the trial of criminal cases.


Correct Option:
Explanation:

A number of reforms have been proposed to address the challenges to enforcing the right to a speedy trial, including increasing the number of judges and courtrooms, providing more resources for indigent defendants, encouraging prosecutors to dismiss charges that are not likely to result in a conviction, and adopting stricter time limits for the trial of criminal cases.

What is the future of the right to a speedy trial?

  1. The right to a speedy trial is likely to become more important in the future.

  2. The right to a speedy trial is likely to become less important in the future.

  3. The right to a speedy trial is likely to remain the same in the future.

  4. It is impossible to predict the future of the right to a speedy trial.


Correct Option: D
Explanation:

It is impossible to predict the future of the right to a speedy trial. The right to a speedy trial is a complex issue that is affected by a number of factors, including the complexity of criminal cases, the shortage of judges and courtrooms, the lack of resources for indigent defendants, and the unwillingness of prosecutors to dismiss charges. These factors are likely to change in the future, and it is impossible to say how these changes will affect the right to a speedy trial.

What are some of the landmark cases that have shaped the right to a speedy trial?

  1. Barker v. Wingo (1972).

  2. Klopfer v. North Carolina (1967).

  3. Smith v. Hooey (1969).

  4. United States v. Marion (1971).


Correct Option:
Explanation:

There are a number of landmark cases that have shaped the right to a speedy trial, including Barker v. Wingo (1972), Klopfer v. North Carolina (1967), Smith v. Hooey (1969), and United States v. Marion (1971).

What is the difference between the right to a speedy trial and the right to a speedy disposition?

  1. The right to a speedy trial applies to criminal cases, while the right to a speedy disposition applies to civil cases.

  2. The right to a speedy trial applies to state cases, while the right to a speedy disposition applies to federal cases.

  3. The right to a speedy trial applies to cases where the defendant is in custody, while the right to a speedy disposition applies to cases where the defendant is not in custody.

  4. The right to a speedy trial applies to cases where the defendant has been charged with a crime, while the right to a speedy disposition applies to cases where the defendant has been convicted of a crime.


Correct Option: D
Explanation:

The right to a speedy trial applies to cases where the defendant has been charged with a crime, while the right to a speedy disposition applies to cases where the defendant has been convicted of a crime. The right to a speedy trial is designed to protect the accused from being held in jail for an unreasonable amount of time before trial, while the right to a speedy disposition is designed to protect the defendant from being sentenced to a long period of imprisonment without a trial.

- Hide questions