Selective Incorporation
While most people assume the Bill of Rights applies to the states, courts have conveniently held that politically incorrect amendments like the Second do not. The Duke lacrosse “rape” case is the first time I’ve heard anyone argue that the right to a speedy trial does not apply to the states, either. If ever there was a perfect case to get the Supremes to incorporate that one, do that, this case is it.
June 11th, 2006 at 9:50 am
http://www.law.cornell.edu/anncon/html/amdt6frag2_user.html
I think it has been incorporated, but in the absence of a statute it is only on a case by case basis that anyone can say what the meaning of “speedy” is.
June 14th, 2006 at 7:56 pm
Yeah, it has been incorporated, kind of, but if the jurisdiction has a speedy trial statute a lot of deference is paid to it. I think that the tightest (sorry, no citation) rule that our permanent constitutional convention has come up with is, that if you are locked up and screaming “I want a trial” every day, you should get a trial in roughly six months. If you agree to even one continuance, the six months start from the beginning. For people out on bail, nada (I’ll be gratefully corrected on this one).