PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

6-1

Chapter 6Place and Time of

Trial This chapter examines

Constitutional requirements regarding place of trial

Venue Competency Speedy trial Statute of limitations Continuances

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

6-2

Competency to Stand Trial

Refers to defendant’s mental state at trial time.

If no issue is raised, assumed defendant is competent to stand trial.

Burden of presenting evidence as to competency is on defense.

Clear and convincing requirement disapproved by Supreme Court.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

6-3

Test for Competency to Stand Trial

Does the defendant lack the capacity to understand the nature and object of the proceedings?

Does the defendant lack the capacity to assist counsel in preparing a defense?

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

6-4

Cooper v. Oklahoma

Permissible to place the burden of establishing a lack of competency on defense.

May not require that the defense establish lack of competency by clear and convincing standard.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

6-5

Venue

Place of trial Sixth Amendment—right to be tried in the judicial district in which the crime is alleged to have been committed.

Venue may be waived. Defense may submit a motion for a change of venue if the defense feels a fair trial cannot be held in the district in which the crime was committed.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

6-6

Speedy Trial

Sixth Amendment right Most states have speedy trial statutes

Time for speedy trial issues starts when criminal proceedings are begun against defendant

Statute of limitations rights start from date of offense until prosecution begins

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

6-7

Continuances

Requests for trial continuances must be addressed to the trial judge.

Trial judge has great discretion as to whether a continuance will be granted.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

6-8

How Speedy Trial Rights Differ from Other Defendant’s Rights Often, a delay helps the defense more than the prosecution.

Delay is a common defense tactic.

Constitutional right to a speedy trial is a vague concept.

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

6-9

Statutory and Constitutional Rights

to a Speedy Trial Statutory right

Rights depend on state statute Generally based on certain time requirements, e.g., trial must be held within 180 days.

Constitutional right not precise and based on Whether delay prejudiced defense Did defense demand speedy trial rights? Cause of the delay Length of delay

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

6-10

Smith v. Hooey

Out of state incarceration involved

State must request defendant from other state

Otherwise defendant’s right to a speedy trial may be violated.