The Law The Sixth Amendment to the U.S. Constitution reads,

 

The Law

The Sixth Amendment to the U.S. Constitution reads, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (1).

The Speedy Trial Act of 1974 and state laws provide guidance as to the number of days to bring a defendant to trial before this right is violated. A prosecutor may work around the “speedy trial clock” if they can show good cause for a delay, or if a defendant agrees to waive the right. One reason for the right to a speedy trial is to prevent a defendant from being held in custody only to find out that the defendant was innocent. An innocent citizen who is incarcerated in violation of the Sixth Amendment right to a speedy trial is a violation of due process rights (2).

The Facts

Ben was indicted on 24 state counts of possession of fentanyl, with intent to distribute near an elementary school, and federal racketeering charges in September 2019. While Ben sat in jail, his attorney was able to delay his jury trial a few times so he could gather witnesses for Ben’s defense. In March 2020, Ben’s attorney submitted a motion to dismiss the charges for a violation of Ben’s Sixth Amendment right to a speedy trial. The hearing was set for March 28. On March 15, the Governor of the state ordered all courts to close and suspended jury trials due to public safety concerns over COVID-19. Ben did not get his hearing and remained in jail.

 

Write a one-page explanation of whether Ben’s Sixth Amendment right to a speedy trial was violated, based on your understanding of the law and the 9th Circuit Appellate Court case, United States v. Olsen.

References
  1. U.S. Const. amend. 6.
  2. Speedy Trial Act of 1974, 18 U.S.C. § 3161 et seq (1974).

Share This Post

Email
WhatsApp
Facebook
Twitter
LinkedIn
Pinterest
Reddit

Order a Similar Paper and get 15% Discount on your First Order

Related Questions

Create the following queries using the animal hospital database (see

Create the following queries using the animal hospital database (see attached document) Please make sure my query’s are correct – if not please re-do them. Query1: Get the AnimalID, Breed, AnimalName of all the dogs who are 3 years old.   Query2: Get the number of animal visits by each

Make a Plan for Priority Diagnosis which Includes a minimum

 Make a Plan for Priority Diagnosis  which Includes a minimum of 1 short-term1 long-term goal for identified priority. Goals relate to the identified priority diagnosis.Goals should have SMART specific, measurable, attainable,realistic, and timed. Explains how the plan allows for client involvement.Explains how the plan advances the knowledge of members of

Deliverable 2 Case Incentives Created by Absorption Costing: Ethics and

  Deliverable 2 Case Incentives Created by Absorption Costing: Ethics and the Manager Carlos Cavalas, the manager of Echo Products’ Brazilian Division, is trying to set the production schedule for the last quarter of the year. The Brazilian Division had planned to sell 3,600 units during the year, but, by

Case Project 9-2: Configuring Preferences page 369 Users in the

 Case Project 9-2: Configuring Preferences page 369Users in the Engineering Department need a higher level of access on their local computers than other users do. In addition, you want to set power options on mobile computers that Engineering users use. All Engineering Department user and computer accounts are in the

1) A deeper understanding of how and why we engage

1) A deeper understanding of how and why we engage in politics the way we do, and how we can act otherwise 2) Some tools for acting in solidarity around our shared needs (Feb 10, 2020). Passion Isn’t Enough: The Rise Of ‘Political Hobbyism’ in the United States (Links to an

Introduction/Summary From an internal to external movement –. Let’s unify

  Introduction/Summary From an internal to external movement –. Let’s unify the company and promote pride in the CORA brand. A grassroots approach to highlight our story through testimonials, employee spotlights, personal stories, etc… and let our voice be heard, shared, and celebrated. As marketing has shifted from traditional channels

Your job in this assignment is to convey a sustainability

 Your job in this assignment is to convey a sustainability concept to the business world effectively as a marketing firm. Then you will take a sustainable business concept and communicate it in a way that touches environmental and social stakeholders. Remember that each party has a different way of viewing

Belhaven University Depression as A Disease Discussion Nursing Assignment Help

Expert Solution Preview Introduction: As a medical professor, my role is to develop engaging and informative lectures, create assignments and exams, evaluate student performance, and provide feedback to medical college students. Through these activities, I aim to facilitate the acquisition and application of medical knowledge, critical thinking skills, and professional

Reply to: When I see the word intelligence, I automatically

When I see the word intelligence, I automatically think of the knowledge everyone knows and the ability to learn or understand new or old thing. Intelligence is defined as “the ability to learn about, learn from, understand, and interact with one’s environment” (Intelligence, 2009). When locating intelligence in our brains,

Theories

VERY IMPORTANT, needs to be APA (6th edition)!!!!!! You are to identify and explain two counseling theories from the text (Corey,G.(2017). TheoryandPracticeofCounselingandPsychotherapy,10thed.PacificGrove,CA: Brooks/Cole Publishing Company. ISBN: 9781305263727) . This paper must encompass a comprehensive literature review of the chosen theories and be written in a way that compares and contrasts

To register a business in India is a very quick

 To register a business in India is a very quick and online process. There is a good number of advantages for foreigners to start a company in India. India is very good for business as India is the fastest-growing country and it is also 6th in the growing international economy.

315 solve 2 Nursing Assignment Help

Expert Solution Preview Introduction: As a medical professor responsible for designing and conducting lectures, evaluating student performance, and providing feedback through examinations and assignments, I have the privilege of shaping the education and future success of medical college students. Through careful analysis, research, and experience, I strive to create dynamic

CCN Thinking Like a Nurse Discussion Nursing Assignment Help

Help me study for my Health & Medical class. I’m stuck and don’t understand. What do you feel are the greatest influences on clinical judgment? Is it experience, knowledge, or a combination of those things? In your opinion, what part does intuition play in clinical judgment? How do you think

1) Please discuss the importance of a systems team compromised

1)  Please discuss the importance of a systems team compromised of multiple disciplines. What are the pros and can you think of any cons? Practical examples would be great. 2)  What are some of the advantages and disadvantages of the four most common methods for gathering information for a systems

In this assignment, you will apply your knowledge of bias,

In this assignment, you will apply your knowledge of bias, perspective, and critical thought to a given example. Step 1: Consider the scenario: Most college instructors require students to turn off their cell phones in class so that their phones will not ring and also to prevent students from texting