Monday, January 07, 2013

Sppeedy trial error may set "criminal" free

When the cj system messes up, it frequently means unjustified punishment for innocent people.  Sometimes, however, it means that a guilty person may go free, as in this case.  Most constitutional errors at trial  only result in a new trial.*  However,  6th Amendment speedy trial and5th Amendment double jeopardy violations frequently mean that the defendant is freed, never to be tried or tried again.

*Not all constitutional errors even result in a new trial. If the reviewing court finds that the error was "harmless," the conviction will be upheld.  "Harmless" basically means that the error most likely did not contribute to the conviction in light of the strength of the evidence of guilt.

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