| How to Obtain
Documents |
| |
| NCJ Number:
|
NCJ 055824
|
| Title:
|
PREARREST INVESTIGATIVE DELAYS
|
| Author(s):
|
ANON
|
| Corporate Author:
|
International Assoc of Chiefs of Police
Bureau of Governmental Relations and Legal Counsel
United States
|
| Publication Date:
|
1978 |
| Pages:
|
4 |
| Origin:
|
United States |
| Language:
|
English |
| Publication No.:
|
96 |
| Annotation:
|
JUDICIAL DECISIONS ARE EXAMINED TO DETERMINE THE GENERAL CONDITIONS UNDER WHICH COURTS CONSIDER PREARREST INVESTIGATIVE DELAYS UNWARRANTED. |
| Abstract:
|
BECAUSE OF THE CONSTITUTIONAL EMPHASIS ON A SPEEDY TRIAL AND DUE PROCESS, EXCESSIVE DELAY BETWEEN THE TIME OF AN OFFENSE AND ARREST OF THE ACCUSED CAN BE DETRIMENTAL TO THE RIGHTS OF THE DEFENDANT. POOR RECOLLECTION OF EVENTS THAT COULD PROVIDE AN ALIBI AND THE UNAVAILABILITY OR DEATH OF PERSONS WHO MIGHT HAVE SERVED AS DEFENSE WITNESSES ARE SOME OF THE REASONS WHY DELAY BETWEEN THE TIME OF THE OFFENSE AND ARREST AND TRIAL CAN DAMAGE THE INTERESTS OF THE DEFENDANT. STATUTES OF LIMITATIONS, PROVIDING FOR A PRECISE PERIOD FROM OFFENSE UNTIL ARREST BEYOND WHICH PROSECUTION BECOMES ILLEGAL, EXIST FOR SOME OFFENSES TO PROTECT THE RIGHTS OF CITIZENS IN THIS REGARD. COURTS, HOWEVER, HAVE SHOWN A WILLINGNESS TO DISMISS CASES WHERE EXCESSIVE INVESTIGATIVE DELAY HAS BEEN INVOLVED AND A STATUTE OF LIMITATIONS DOES NOT EXIST OR THE PERIOD OF TIME PRESCRIBED IN A STATUTE OF LIMITATIONS HAS NOT BEEN REACHED. VARIOUS COURT DECISIONS HAVE SHOWN THE FOLLOWING FACTORS TO BE INFLUENTIAL IN JUDGEMENTS REGARDING LENGTHY PERIODS BETWEEN AN OFFENSE AND AN ARREST: (1) THE LENGTH OF TIME SINCE THE CRIME WAS COMMITTED, (2) THE NATURE OF THE EVIDENCE NEEDED TO PROSECUTE SUCCESSFULLY, (3) THE NATURE OF THE CRIME, AND (4) MOST IMPORTANTLY, THE REASON FOR THE DELAY. WHILE COURTS RECOGNIZE THAT THERE ARE GOOD AND SUFFICIENT REASONS FOR PERIODS OF DELAY BETWEEN AN OFFENSE AND THE ARREST OF A DEFENDANT, THE PROSECUTION MUST BE PREPARED TO SHOW INVESTIGATIVE DILIGENCE DURING SUCH PERIODS AND BE PREPARED TO PRESENT REASONS TO JUSTIFY SUCH DELAY OR RISK HAVING A CASE DISMISSED. FOOTNOTES ARE PROVIDED. (RCB) |
| Index Term(s):
|
Right to due process of law ; Judicial decisions/ ; Right to speedy trial |
| |
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=55824
|
* A link to the full-text document is provided whenever possible. For documents
not available online, a link to the publisher's web site is provided.
|
|
Help | Contact Us | Home
