Saturday, November 7, 2009

The right to a Speedy Trial (Minnesota vs. Nevada)




The right to a speedy trial is a fundamental principle in our criminal justice system. Although each state is independent in its ability to draft statues to address the timelines involved in criminal proceedings there is a similarity throughout the states in this manner. This post will look at both Minnesota and Nevada and their statutes relating to the right to a speedy trial.

Minnesota’s Office of the Reviser of Statutes states the speedy trial statute as such: 90% of all criminal cases must be concluded within 120 days from beginning to end, 97% of all criminal cases must be complete 180 days and 99% of all criminal cases must be complete of within 365 days. Minnesota measures these days from the time of a criminal complaint or indictment until the defendant is sentenced and placed in jail or found not guilty (Minnesota Office of the Reviser of Statutes, 2009).

The speedy trial statute for the state of Nevada allows that the state shall have a trial within 60 days following arraignment. The state does, however, have exceptions. The state may allow for continuances based on a defendant’s request for more time to prepare his or her defense for trial and in such cases when the court is unable to proceed to trial due to time and calendar conflicts. Under certain circumstances, if the case involves a victim under the age of 16, a continuance may not be granted by the state (Nevada Revised Statutes, 2007).

Sources:

Minnesota’s Office of the Reviser of Statutes. (2009). Criminal Trials; Timing Objectives for Case Disposition. Retrieved November 7, 2009, from https://www.revisor.mn.gov/statutes/?view=info

Nevada Revised Statutes. (2007). Right of State to trial within 60 days after arraignment; exceptions. Retrieved November 7, 2009, from http://search.leg.state.nv.us/

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