Is ariz complex capital caseload violating due process? some defendants awaiting trial in 4th ave jail 4 yrs?
Is this acceptable? Unsentenced defendants held in the "prison within the jail", until they go to trial. Super Maximum Unit in the 4th Ave Maricopa County jail is where an inmate facing the death penalty has been for 3 yrs. 10 months. And his trial was just continued... again. This is not speedy. Please give us some answers.
Answers:
This is a fact-specific question. There is a right to a speedy trial but that can be waived by the defendant. If the defense asks for the continuance, and gets what they ask for, then that does not violate the rights of the defendant. If the defense attorney repeatedly demands a trial, and cannot get it, then that might violate the speedy trial rights of the defendant. Also, a continuance is appropriate over the objections of the defense for "good cause." Whether the cause is sufficient is the subject of hundreds of appellate court decisions
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