Why does the 6th amend., say speedy trial?

Question

The reason y i am asking this is b/c in reality our court systems arent all that speedy n in fact do take up to 3-5hrs or 3-5days i know this b/c i have served as a jury n have read in many of the law books?? so what's the concept of a speedy trial in the const. if it isnt really all that speedy!!

Answer 1

The sixth amendment says speedy trial meaning that a prisoner shouldn't languish in jail for years without a trial. This provision is believed to date back to the Magna Carta. Taking days before a trial is started would be considered speedy in most places given the difficulty of organising legal representation etc. Indeed, too speedy a trial would actually disadvantage a defendant as he or she would not have time to organise a defence.



In Barker v. Wingo in 1972, the US Supreme Court made a determination of a speedy trial although not specifying a time limit instead deciding on a case by case basis. A complex case involving multiple witnesses would take longer to prepare. A prosecution may not unduly delay a trial for its own advantage but may do so to obtain access to a witness for example. The court made further rulings in United States v Becker in 1996.

Answer 2

Because without the amendment, a person who was denied or cannot afford bail would be forced to linger in jail for months or even years while the prosecution took its own sweet time prosecuting the case.



Plus, even if a person could afford bail, they would still have the uncertainty of the trial hanging around their necks for an inordinate amount of time, wondering whether or not they're going to go to prison.



The amendment mostly addresses the time between bringing charges and the start of the trial; sometimes a long trial cannot be helped simply because of all the procedures to complete and evidence to be presented. Still, the amendment ensures that the trial procedes as quickly as possible.

Answer 3

In times of old, people would spend years in prison waiting to be tried for the crimes they were accused of. People who owed money were also sent to debtors prison. Our system actually offers speedy justice, however the system has backed up on itself making what was speedy many years ago an impossible time limit these days. Many things are manuvered to take advantage of time by the defense. Our court system is so backlogged that it is amazing that we get anything legal done.

Answer 4

A few hours-days is VERY speedy. People use to be in prison for YEARS. Many died before they got to a trial.

Answer 5

Wait, so holding someone for years without filing charges, and without access to an attorney, is illegal?! And it says that in the constitution?! (c.f. US v. Padilla)

Answer 6

...However, if you are certain to be hanged for what you did, you may prefer that it's not all that speedy!

Answer 7

no