The Constitutional Right to a Speedy and Fair Criminal Trial

(Hardback)

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Although the U.S. Constitution guarantees those accused of a crime the right to a speedy and fair trial, in practice the judicial system is increasingly characterized by excessive trial delays and unfair trial situations. Here Warren Freedman, a member of the New York, Connecticut, and U.S. Supreme Court bars, offers a comprehensive discussion of the constitutional and statutory provisions underlying the right to a speedy and fair trial and examines their application in actual court practice. As Freedman notes, the mounting costs of lengthy litigation periods dictate that--if only for pragmatic reasons--the constitutional rights of accused criminals to speedy and fair trials must be respected. Freedman begins with an introduction to the concept and historical background of the speedy and fair trial. Turning to an examination of constitutional guarantees, he fully reviews the sixth and fourteenth amendments and their interpretation by the courts. Subsequent chapters examine the criteria for speed and fairness, the role of the jury, and related statutes such as The Speedy Trial Act of 1974, as well as grand jury investigations and prosecutorial abuses of the legal principles that guarantee speed and fairness. Throughout, analyses of applicable case law and precedent-setting court decisions illuminate the discussion. An indispensable resource for attorneys in criminal, corporate, and private practice, this volume clearly delineates not only the foundations of speedy and fair trial guarantees but also the many factors that can work against them in today's often overburdened judicial system.

Reviews

With a vast amount of experience in the practice of law and as the author of several books dealing with questions of law and public policy, Freedman is well qualified to prepare this volume on the constitutional guarantee of a speedy and fair criminal trial. He begins with a discussion of the concept and historical background of this constitutional right, and follows with an analysis of appellate court interpretation of the 6th and 14th Amendments. Freedman then outlines standards for speed' and fairness, 'looks at the function of the trial jury, and discusses prosecutorial abuse of the system. The book is well documented throughout, and may be compared with Paul E. Dow's Criminal Law (1985) and Andrea L. Bonnicksen's Civil Rights & Liberties (1982). For upper-division undergraduates, graduate students, and faculty.-Choice
"With a vast amount of experience in the practice of law and as the author of several books dealing with questions of law and public policy, Freedman is well qualified to prepare this volume on the constitutional guarantee of a speedy and fair criminal trial. He begins with a discussion of the concept and historical background of this constitutional right, and follows with an analysis of appellate court interpretation of the 6th and 14th Amendments. Freedman then outlines standards for speed' and fairness, 'looks at the function of the trial jury, and discusses prosecutorial abuse of the system. The book is well documented throughout, and may be compared with Paul E. Dow's Criminal Law (1985) and Andrea L. Bonnicksen's Civil Rights & Liberties (1982). For upper-division undergraduates, graduate students, and faculty."-Choice

Author Bio

WARREN FREEDMAN was formerly General Counsel for Bristol Myers. His previous books include Foreign Plaintiffs in Products Liability Actions, Frivilous Lawsuits and Frivolous Defenses, Federal Statutes on Environmental Protection, The Right of Privacy in the Computer Age, and Professional Sports and Antitrust.