|Criminal trials and convictions|
|Rights of the accused|
|Related areas of law|
In criminal law, the right to a speedy trial is a human right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial.
Although it is important for the protection of speedy trial rights for there to be a court in which a defendant may complain about the unreasonable delay of the trial, it is also important that nations implement structures that avoid the delay.
In jurisdictions with strong rule of law, the requirement of a "speedy trial" forces prosecutors to diligently build cases within a reasonable amount of time commensurate with the complexity and heinousness of the crimes of which suspects are accused. The right is based on the notion that long-term incarceration should normally be restricted to situations in which a judge or jury have determined a suspect has committed a crime.
The right to a speedy trial is codified in fundamental legal documents in several jurisdictions, and may be further defined by statutory law.
Speedy trial rights are recognized within Section Eleven of the Canadian Charter of Rights and Freedoms.
In R v Jordan, the Supreme Court of Canada held that these Charter rights are presumed to have been violated when the trial does not begin within 18 months of the charges being filed, or 30 month when there is a preliminary inquiry. When speedy trial rights are violated, the Crown must drop relevant charges by entering a stay of proceedings.
Once the presumptive ceiling is exceeded, the burden is on the Crown to rebut the presumption of unreasonableness on the basis of exceptional circumstances outside the Crown's control.
Within Europe, speedy trial rights are recognized by Article 6 of the European Convention on Human Rights.
In English law, this right was developed by the Assize of Clarendon in 1166 (a judge would be summoned if one was not immediately available) and Magna Carta in 1215 ("To no one will we sell, to no one will we refuse or delay, right or justice.").
Right to speedy trial is guaranteed under Article 21 of the Constitution of India.
The Article 37of the Japanese Constitution states, "In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal." Takada case , which had not held a court for 15 years, was dismissed by Supreme Court of Japan according to Article 37. After the Takada case, it is considered that dismissing judge should only apply if the accused ask acceleration of a trial.
The Constitution of the Philippines states, "All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies."
In the United States, basic speedy trial rights are protected by the Speedy Trial Clause of the Sixth Amendment to the United States Constitution. For federal charges, the Speedy Trial Act of 1974 applies. The trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later.
States may also offer additional speedy trial protections. In June 1776, a "speedy trial" provision was explicitly included in the Virginia Declaration of Rights by George Mason, its principal author.
The consequences of a speedy trial violation may require that the case be dismissed, although depending upon the circumstances it may be possible for the state to again initiate a criminal charge against a defendant despite a speedy trial violation.
Rentarō Taki was a Japanese pianist and composer of the Meiji era.
The Ōsumi Peninsula projects south from the Japanese island of Kyūshū and includes the southernmost point on the island, Cape Sata. Its east coast lies on the Pacific Ocean, while to the west it faces the Satsuma Peninsula across Kagoshima Bay. Politically it is part of Kagoshima Prefecture. Lava erupted in 1914 by Sakurajima made a land connection with the northwest of the Ōsumi Peninsula.
The Satsuma Peninsula is a peninsula which projects south from the southwest part of Kyūshū Island, Japan. To the west lies the East China Sea, while to the east it faces the Ōsumi Peninsula across Kagoshima Bay. Politically, it belongs to Kagoshima Prefecture, and it includes the prefectural capital, Kagoshima City. Near the southern tip of the peninsula is the 924 metres (3,031 ft) Mount Kaimon (Kaimon-dake) and the hot springs of Ibusuki Onsen.
An ōnusa or simply nusa or Taima is a wooden wand traditionally used in Shinto purification rituals.
The Hyūga Nada is the part of the Pacific Ocean that lies off the eastern shore of the island of Kyushu, to the south-west of the island of Honshu, off the south coast of Japan. Its name is derived from the former province of Hyūga, which corresponded to the prefecture of Miyazaki before the Meiji Restoration. Also, earthquakes occur repeatedly in Hyuga Nada.
Ubusunagami in Shinto are tutelary kami of one's birthplace.
The Kumano Nada is a body of water belonging to North Pacific Ocean located off the coast of Kumano Region of the Kii Peninsula located in central Japan.
Echigo Plain or Niigata Plain is an alluvial plain that extends from central to northern Niigata Prefecture in Japan. The area of the plain is approximately 2000km2. It is the largest rice-growing area in Japan. The plain was formed by the Agano and Shinano rivers.
Tokachi Plain is a plain facing the Pacific Ocean, located in the southeastern part of Hokkaido. The area of the plain is approximately 3600km2.
Shikoku Mountains is a mountain range that runs from east to west in the central part of the Shikoku in Japan. The length of the mountain range is about 250km. The highest peak in the mountain range is Mount Ishizuchi.
Kyushu Mountains is a mountain range that runs from northeast to southwest in central Kyushu.
Tosa Bay is a bay north of the line connecting Cape Muroto and Cape Ashizuri in Kochi Prefecture, Japan. Tosa Bay is better fishing grounds in Japan, which is strongly affected by the Kuroshio Current.
Sendai Bay is a bay from the Oshika Peninsula of Miyagi Prefecture to Cape Unoo of Fukushima Prefecture.
Dewa Mountains is a mountain range that runs north and south on the west side of the Tohoku region of Japan. The mountain range spans Aomori, Akita, and Yamagata prefectures. The highest peak of the mountain range is Mount Chokai (2,236m).
The Echigo Mountains are a mountain range that straddle Niigata, Fukushima, and Gunma prefectures in Japan.
Japan Weather Association is a Japanese general incorporated foundation that conducts meteorological services. It founded in 1950.
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'Sanbo' is a stand used in the Shinto rituals of shinto to place shinsen. In ancient times, it was also used to present objects to a noble person. The same type of stand is also used in temples, but in this case it is sometimes written sampo, which stands for Three Treasures.