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Full-Text Articles in Law
Pretrial Diversion: The Premature Quest For Recognition, Raymond T. Nimmer, Patricia Ann Krauthaus
Pretrial Diversion: The Premature Quest For Recognition, Raymond T. Nimmer, Patricia Ann Krauthaus
University of Michigan Journal of Law Reform
Pretrial diversion has been one of the most enthusiastically promoted criminal justice reforms of recent years. There are more than forty well-funded diversion programs in operation dealing with more than 10,000 criminal defendants each year. Three federal commissions have referred favorably to diversion and grant programs of both the Justice Department and the Department of Labor which have actively fostered the creation and expansion of diversion programs. Several states are considering legislation to establish diversion as a formal element of the criminal justice system and federal legislation is currently pending. Many advocates of diversion claim that the concept has been …
Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga
Speedy Trials: Recent Developments Concerning A Vital Right, Stephen F. Chepiga
Fordham Urban Law Journal
Historically, Anglo-American law has jealously guarded the right of an accused to have a speedy trial in a criminal prosecution. It is extended to defendants in federal cases by the sixth amendment to the Constitution. Through incorporation into the fourteenth amendment, the protection is likewise available to defendants in state prosecutions. Notwithstanding constitutional provisions and Supreme Court decisions, the concept of a speedy trial has always been ambiguous. Until recent times it has been considered a matter that could only be defined in the context of the special circumstances of individual cases. The right was said to be “consistent with …