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Right to a Speedy and Public Trial

Article I, Section 14 of the S.C. Constitution, and the Sixth Amendment to the U.S. Constitution

provide that the accused in a criminal trial shall have the right to a speedy and public trial.

The right to a speedy trial is a right which can be waived. Waiver of such right is generally inferred where

(1) the accused failed to make timely demand that he be either tried or discharged,

(2) the court grants a continuance on motion of the accused or with his consent, or

(3) the accused voluntarily entered a plea of guilty without raising the question of denial of a speedy trial.

Wheeler v. State, 247 S.C. 393, 401, 147 S.E.2d 627, 630 (1966)

( 180 days )

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12y ago
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15y ago

People have been asking that question for years. Basically there is no real answer. Once you're put on the docket and they set the date for trial, you just have to wait. The speedy part is really referring to (or what the majority believe) the point in where you are arrested and your arraignment hearing.

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14y ago

Corrupt law officials could keep prisoners secretly and indefinitely if the right to a speedy and public trial were not in the Constitution. (Kind of like they do in Guantanamo Bay...)

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12y ago

yes, the amendment is the sixth of course!

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14y ago

So that persons accused of crimes are not locked away out of sight forever until they are forgotten.

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10y ago

Yes, every citizen entitled to a right of a speedy and public trial because justice delayed is justice denied.

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Q: Why was a speedy public trial important?
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Related questions

What are the limits on the constitution's guarantee of a speedy and public trial?

The constitution guarantees a speedy and public trial but this is not an absolute. Events outside the court's control like natural disasters, security concerns or the unavailability of a witness may limit the right to a speedy and public trial.


What problems would arise if there wasn't a speedy and public trial?

If there is no speedy and public trail then justice for the innocent would be delayed.


List the provisions of the 6th amendment concerning the rights of the accused?

Trial by impartial jury, speedy public trial, right to a lawyer, and right meet the lawyer against him/her.


What Amendment assures a speedy and public trial?

Sixth Amendment.


The right to a speedy and public trial by an impartial jury is guaranteed by?

6th Amendment


The right to a speedy trial?

This is part of the Sixth Amendment to the Constitution, quoting: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..."


Who is the 6th amendments guarantee of a speedy and public trial is aimed at?

The 6th Amendment guarantees the speedy and public trial on behalf of the accused. This prevents them from spending extensive time in jail even if they are not found guilty of the crime.


What does the sixth amendment mean?

it means that everybody has the right to a speedy and public trial


What is the sixth amendment guarantee?

It guarantees a speedy and public trial with a jury of your peers.


Is the right to a speedy and public trial meant to protect the rights of witnesses?

the accused


Does speedy trial apply to civil cases?

No, the term "speedy trial" refers to the right of a criminal accused to have his/her case heard without undue delay. In the VI Amendment it is stated this way: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. . ."


What fundamental right does the sixth amendment allow in the Constitution?

The right to a speedy and public trial.