ABA SPEEDY TRIAL STANDARDS.docx - Criminal Justice Section...

Criminal Justice Section Standards
Speedy Trial
Speedy Trial
PART I.
GENERAL PRINCIPLES
Standard 12-1.1 Purposes of the Standards on Speedy Trial and
Timely Resolution of Criminal Cases
(a) The Standards on Speedy Trial and Timely Resolution of Criminal Cases have three main purposes:
(1) to effectuate the right of the accused to a speedy trial; (2) to further the interests of the public,
including victims and witnesses, in the fair, accurate, and timely resolution of criminal cases; and (3) to
ensure the effective utilization of resources.
(b) These standards should be read in conjunction with other ABA Standards of Criminal Justice, and
with recognition that fairness and accuracy are essential components of the criminal justice process.
The standards are not intended to emphasize speedy disposition of cases to the detriment of the
interests of the parties and the public, including victims and witnesses, in the fair, accurate and timely
resolution of cases. In implementing these standards in individual cases and in developing policies for
overall management of caseloads, jurisdictions should seek to ensure that both prosecutors and
defense counsel have adequate opportunity to investigate their cases, consult with witnesses, review
documents, make appropriate motions, and conduct other essential aspects of case preparation.
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Standard 12-1.2 Importance of establishing both speedy trial rules and standards for
timely resolution of criminal cases
(a) The right of an accused to a speedy trial is fundamental. It should be effectuated and protected by
rule or statute that:
(i) sets specific limits on the time within which either the defendant must be brought to trial or the
case must be resolved through a non-trial disposition;
(ii) provides guidelines for computing the time within which the trial must be commenced or the case
otherwise resolved; and
(iii) establishes appropriate consequences in the event that the accused’s right to a speedy trial is
denied.
(b) The public, including victims and witnesses has an interest in the timely resolution of criminal
cases. From the commencement of a criminal case to its conclusion, any elapsed time other than
reasonably needed for preparation and court events should be minimized. The public’s interest should
be expressed in formally adopted policies and standards that:
(i) establish goals for the timely resolution of criminal cases from commencement to disposition and for
specific stages, taking into account the seriousness and complexity of different types of cases;
(ii) require monitoring of the performance of the courts and other organizational entities with respect
to the goals; and
(iii) provide for public dissemination of data concerning organizational performance in relation to the
goals.