Crane v. Simpson

As I have theretofore stated1 I do not agree with the “speedy trial rule”.2 I think it to be a bad rule and bad law. I recognize the constitutional right to a prompt trial.3 However, the test should be, in my view, prejudice to the accused and not a fixed quantative time period.4

As I stated in State v. Ansley, supra: “The philosophy behind ‘speedy trial’ is to assure that an accused be not required to languish in jail or under threat thereof while on bail, awaiting a delayed trial. The constitutional right to be protected is the right of speedy trial not a speedy discharge without trial. In…