Speedy trial and the legal process |
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Authors: | Victoria Lynn Swigert Ronald A. Farrell |
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Affiliation: | (1) Department of Sociology, State University of New York at Albany, Albany, USA |
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Abstract: | The role of speedy trial in state proceedings is empirically investigated for defendants in criminal homicide (N=444). Employing multiple regression techniques, an assessment is made of the relationship between the length of time involved in defendants' legal processing, their sociolegal status, and the final dispositions awarded by the court. The findings show that blacks and jailed defendants are processed more swiftly than their white and bailed counterparts. The consitutional guarantee of speedy trial also appears to be a state resource, in that cases adjudicated promptly result in higher conviction rates than those which are delayed. This is especially so for defendants who are not released on bail, and may be attributed to the prosecutorial success that accompanies the availability of witnesses whose memories are unclouded by time and the existence of a social climate that calls for retribution. While not related to postponement in the present study, it is suggested that the efforts of counsel in obtaining delay may become increasingly important with the adoption of the new federal guidelines. |
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