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Subject Area: Law
Topic: The American Revolution and Constitution

§ 36.: The trial must be speedy.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 1 [1900]

Edition used:

A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 1.

Part of: A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, 2 vols.

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§ 36.

The trial must be speedy.—

It is, therefore, one of the constitutional limitations for the protection of personal liberty, that the trial be speedy. A man accused of a crime is entitled to a speedy trial, not merely because he is under a personal restraint, but also because his reputation is under a cloud, as long as the criminal accusation remains undisposed of. As a general proposition, the accused is entitled to a trial at the next term of the court after the commission of the crime, or after the accused has been apprehended; and if it should prove to be necessary for any cause, except the fault of the accused, to adjourn the court without bringing the prisoner to trial, in ordinary cases he would then be entitled to bail, although originally he was not. This is, however, largely a matter of discretion for the court.1 When the prisoner is ready for trial, the solicitor for the State is not entitled to delay, unless he satisfies the court that he has exercised due diligence, yet, for some cause, the shortness of time or the absence of material witnesses, etc., he is not prepared to proceed to trial.2 The continuance of cases must necessarily be largely left to the discretion and good faith of the prosecuting attorney, although it is the duty of the court to be watchful in behalf of the prisoners, who may through the carelessness or malice of the attorney for the State be kept in prison indefinitely awaiting a trial. The discretionary character of the duties of prosecuting attorneys furnishes them with powerful means of oppression, if they choose to employ them, and they are too often careless and indifferent to the suffering they cause to the accused, and too frequently ignore his legal right to a speedy trial.1

[1]See Ex parte Caplis, 58 Miss. 358, and State v. Hodgson, 66 Vt. 134. In the latter case it would seem that a law, which took away or materially reduced the discretion of the court in granting continuances or entering a nolle prosequi, would be unconstitutional. The provisions of the statute in question were designed to prevent continuances for the purpose of delay, and to insure a speedy trial; but the court held that they did not invade the province of the court.

[2]Cooley Const. Lim. 311, 312.

[1]While I am writing, an account of a most flagrant case of official disrespect of private rights of this character has come to my ears. In my neighborhood a man has been allowed to linger in jail on the charge of burglary, for many days, awaiting his preliminary examination, because the prosecuting attorney was in attendance upon political picnics.