Encyclopedia > Denial of a speedy trial

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Denial of a speedy trial

"Denial of a speedy trial" (a term of jurisprudence) refers to a procedural defense; via which, a defendant argues that they should not be held criminally liable for actions which broke the law, because the criminal justice system placed them in prison for an "unreasonable" length of time (prior to any trial). In the US, this defense is based upon the 6th Constitutional Amendment; which states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public[?] trial..." In many jurisdictions, if a defendant remains imprisoned for more than 90-120 days, before a trial occurs, all charges are automatically dropped.

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Defense (legal)

... these defenses can be grouped into 4 categories: alibis, justifications, excuses, procedural defenses, and the so-called "innovative defenses". With the exception of ...