RIGHT TO SPEEDY TRIAL: ACCESS TO JUSTICE

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MOUSHUMI SARMAH, SAROJ BOHRA

Abstract

The English legal system and the United States Constitution have continuously recognised the right of criminal defendants to a speedy trial. However, an accused who asserts that he was refused an expedited trial has been put under a lot of pressure. Today's huge delays in the administration of justice have pushed lawmakers and court administrators to try to redefine what the fast trial guarantee means. There are several schemes that have established strict deadlines for when an accused person should be put to trial. These initiatives aim to lessen the significant cost of delay to the community, even though justice for the person being charged, particularly for the accused person that is imprisoned before trial is their main priority when a trial should be held for an accused person. These schemes are either enforced by court rules or statutes. In all criminal proceedings, their objective is to provide swift justice. Various common law interpretations of habeas corpus, the rules governing the writ in common law jurisdictions, the evolution of the right to a speedy trial in the United States, including the landmark case of Barker v. Wingo Case, the Speedy Trial Act of 1974, and the role of the judiciary in interpreting the right to a speedy trial are all brought together in this article.

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References

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