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Do we really have the right to a quick and speedy trial?

Created by : Christian Denmon, Lawyer/Attorney, Denmon & Denmon Trial Lawyers  | 02 25 2011 19:06:26 +0000
Keywords : do we really have the right to a quick and speedy trial?
Activity:  263 views;  last activity : 03 01 2011 17:09:34 +0000
 
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It is true according to SC every litigant has a right to demand for speedy disposal, if not justice, in his case. I joined the Bar in 1970. At that point of time my senior got a case from his old client about his client's ancestral property at Seshadripuram, a prime locality, in Bangalore. The case was one remanded to trial court for fresh trial from the SC. It was a property dispute of 1950s. unfortunately in that case both original parties were no more. Their advocates also had followed their clients. The present generation was of grand children of both sides. They were closely related and did not know any thing about the case until they received summon in their ancestor's names. Peculiarly they did not even know what and where that property was situated. On my seniors advice I followed a search for it and went to THE ROOT OF THE SUBJECT MATTTER. It came to my knowledge that so called litigated property was acquired for public purpose and it had lost its identity. Ofcourse that was then. Now it has improved a lot. The life span of of litigation which used to run upto grands children stage is now reduced to the next or second generation. This is speedy trial system now prevailing, as observed and experienced by me in the profession for over four decades. My own case of 1976 is still pending in or the other form and before one or the other forum. To speak on the subject is one thing. It is night mare or a Oasis. The practical life is entirely different. No use giving sermons sitting in the ivory tower.
By Prof V Narayana Swamy, Chef De Partis, V N Swamy Associates  | 03 01 2011 15:17:28 +0000
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yes, justice delayed is justice denied.
By dinesh kumar sharma, ZONAL SALES MANAGER - NORTH, WOCKHARDT LTD  | 02 28 2011 14:47:01 +0000
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Yes. We have right to justice. Justice delayed is justice denied. So have right to quick justice.
By Nilesh Pawar, Legal & Secretarial, Valencia Professional & Management Services LLP  | 02 28 2011 12:18:56 +0000
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Nice question Mr. Denmon.

On paper yes we have quick and speedy trial in Inida too..

According to IPC 498A we do have this right. Which states that the one fighting in court should get justice and not their son/grand sons!!

But in India cases take long  and the rule is rarely followed.
By Aarti Gupta, Legal Consultant  | 02 28 2011 11:42:51 +0000
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Mr. Demon......thanks for the referral the information is enlightening and interesting to read but i want to float this thought:- In some countries the average time taken for trial are more than a decade, such as 14 years and 15 years is the average trial period in INDIA and ITALY respectively. Right to speedy trial in U.S. or time limits imposed on special types of criminal cases in U.K. are rather rare around the globe. Isn't it time that such rules are implemented on a global basis, this is a matter neglected in most international treaties. isn't it time to establish right to speedy trial or time limits internationally.
By Satadru Shastri, Partner, Mukherjee & Shastri  | 02 26 2011 01:24:32 +0000
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Of course!
By Christian Denmon, Lawyer/Attorney, Denmon & Denmon Trial Lawyers  | 02 25 2011 19:07:23 +0000
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The Right to Speedy Trial In a Tampa Criminal Defense Case The 6th amendment of the Constitution of the United States of America guarantees the accused in a criminal case the right to a Speedy Trial. The Constitution did not define how quickly a trial must happen to be considered "speedy", but the United States Supreme Court addressed the issue in the Barker case, in which the Court concluded that no bright line test existed to decide if a defendant’s 6th amendment right to a speedy trial was violated. Rather, the answer to such a question rested on a case by case analysis, weighing factors such as the length of delay in bringing the case to trial, the reason for delay, and the prejudice caused to the accused. In Florida, the Constitution is not the only place where the right to a speedy trial comes from. The law makers have also created another separate and distinct right to a speedy trial to protect the accused. This right in Florida, codified in Fla. R. Crim. P 3.191, requires the defendant be brought to trial if a misdemeanor, within 90 days of his arrest; if a felony, then within 180 days. This is a strong protection for the accused, particularly those stuck in jail pending a trial, unable to bond out. If the right to speedy trial has not been waived by the defendant, then the Tampa Criminal Defense Attorney has the ability to request the Court dismiss the charges if speedy trial has run. The accused stuck in jail awaiting trial may demand his speedy trial and have his day in court within a reasonable time period. This rule also has the benefit of keeping the calendars and cases moving through a system that can be painfully slow. Tampa Lawyer Florida lawmakers are currently interested in doing away with Florida’s long held statutory right to a speedy trial. A bill on the house floor currently proposes to repeal Florida Rule of Criminal Procedure 3.191, the "Speedy Trial" rule. The new speedy trial law proposed would allow prosecutors to drop charges pending against an accused stuck in jail if the prosecutor was not ready for trial, and then re-file the charges again when he is ready. The new bill would effectively remove Florida’s hard and fast bright line rule of speed trial for all criminal cases, leaving the Courts to have to determine if speedy trial has been violated on a case by case basis in accordance with the Barker case interpreting the 6th amendment. Even under a case by case analysis, behavior such as the State dropping a case before a deadline and then re-filing again may not pass Constitutional muster, as Florida appellate courts have frowned on such behavior under a Constitutional analysis before. Tampa Bay Criminal Defense Lawyers may begin arguing speedy trial violations on a more frequent basis, and litigation may increase. Regardless, court calendars and dockets in Hillsborough, Pinellas, Pasco, and other counties will likely move slower if this Bill passes, as the time a case takes to grind through the system increases. Published Date: 04/15/2010
By Christian Denmon, Lawyer/Attorney, Denmon & Denmon Trial Lawyers  | 02 25 2011 19:06:26 +0000
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If you are against the law... Certainly not... However, speedy trial in American and European Jurisprudence sense is a myth, when it comes to Indian Criminal Jurisprudence... A far fetched dream...
By Rishi Raj Sharma, Associate/Senior Associate, Confidential  | 03 01 2011 17:09:34 +0000
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