Law Commons^™

The Constitutional Floor Doctrine And The Right To A Speedy Trial, Darren Allen

Campbell Law Review

This article will begin with a quick description of the historical origins of the speedy trial right and the events marking its quiet evolution into a hallmark of our criminal justice system. It will then move into a discussion of the decisions articulating principles of new federalism which require that state courts defer to the federal interpretations of fundamental rights, before discussing of the controlling Supreme Court cases fashioning the test by which violations of the right are measured. Next, this article will showcase the critical differences between Spivey and Barker to demonstrate why North Carolina's speedy trial test intrudes …