Speedy trial rights and constitutional protections

Speedy Trial

In America, the right to a speedy trial is guaranteed inside the Constitution. The case involving the man arrested for manslaughter and jailed for six months brings into question if these protections are being practiced. To fully understand what is happening requires focusing on: the factors the judge should take into consideration when arriving at a decision, if the press has a right to be present during trials and the problems with allowing television cameras inside the courtroom. Together, these elements will highlight the how this provision is applied with changes in technology and the way laws are interpreted. (Vile, 2003)

What factors do you think the judge should take into consideration when trying to arrive at a decision on how to ensure the defendant's right to a public and speedy trial?

During the deliberations, the judge should consider the facts of the case if there is some kind of designations as to why they are being held without a trial. For instance, if the defendant is an enemy combatant, it could mean that they were involved in some type of terrorist plot. The crime of manslaughter is a part of an ongoing investigation. That is designed to prevent them from engaging in other acts of terrorism. Under the U.S.A. Patriot Act, these kinds of distinctions are possible and may help to explain why he is being held without trial. ("Patriot Act Broken Down," 2013) (Vile, 2003)

However, the judge must also consider the severity of the crime and the reasons for prosecutors not beginning legal proceedings against this individual. These variables will ensure that there is balance taken. That can account for possible legal justifications of the delay and the rights of the individual. When this happens, the judge can make determinations as to the best approach in dealing with conflicting interests and the need for protecting the basic civil liberties of the defendant. (Vile, 2003)

Do you believe that the press has a right to be present during trials? Why or why not? Explain your position.

The press has a right to be present at certain trials. This is because they can provide accurate insights as to what took place and offer the public with a clearer picture of the judicial process. However, there are times, when they should not be allowed inside the courtroom. In situations involving the disclosure of national security secrets, the press must be prohibited from attending these proceedings. This based upon the fact that they could talk about sensitive information in public format. These discussions can be used by enemies of the U.S. To probe and exploit vulnerabilities. (Goldfarb, 2000) (Vile, 2003)

What problems do you foresee, if any, with allowing television cameras inside the courtroom?