1. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 6-1 Chapter 6 Place and Time of Trial This chapter examines Constitutional requirements regarding place of trial Venue Competency Speedy trial Statute of limitations Continuances

2. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 6-2 Competency to Stand Trial Refers to defendant’s mental state at trial time. If no issue is raised, assumed defendant is competent to stand trial. Burden of presenting evidence as to competency is on defense. Clear and convincing requirement disapproved by Supreme Court.

3. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 6-3 Test for Competency to Stand Trial Does the defendant lack the capacity to understand the nature and object of the proceedings? Does the defendant lack the capacity to assist counsel in preparing a defense?

4. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 6-4 Cooper v. Oklahoma Permissible to place the burden of establishing a lack of competency on defense. May not require that the defense establish lack of competency by clear and convincing standard.

5. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 6-5 Venue Place of trial Sixth Amendment—right to be tried in the judicial district in which the crime is alleged to have been committed. Venue may be waived. Defense may submit a motion for a change of venue if the defense feels a fair trial cannot be held in the district in which the crime was committed.

6. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 6-6 Speedy Trial Sixth Amendment right Most states have speedy trial statutes Time for speedy trial issues starts when criminal proceedings are begun against defendant Statute of limitations rights start from date of offense until prosecution begins

7. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 6-7 Continuances Requests for trial continuances must be addressed to the trial judge. Trial judge has great discretion as to whether a continuance will be granted.

8. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 6-8 How Speedy Trial Rights Differ from Other Defendant’s Rights Often, a delay helps the defense more than the prosecution. Delay is a common defense tactic. Constitutional right to a speedy trial is a vague concept.

9. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 6-9 Statutory and Constitutional Rights to a Speedy Trial Statutory right Rights depend on state statute Generally based on certain time requirements, e.g., trial must be held within 180 days. Constitutional right not precise and based on Whether delay prejudiced defense Did defense demand speedy trial rights? Cause of the delay Length of delay

10. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 6-10 Smith v. Hooey Out of state incarceration involved State must request defendant from other state Otherwise defendant’s right to a speedy trial may be violated.