Question: Prosecutors (Last Names C-G) : Explain why the delay in Mr. Reid's case does not constitute a violation of the right to a speedy trial.
- Prosecutors (Last Names C-G): Explain why the delay in Mr. Reid's case does not constitute a violation of the right to a speedy trial. Use factors from Barker v. Wingo (1972) (length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant) and other relevant cases to support your position.
Each side will present arguments supporting its perspective on what constitutes a violation of the Sixth Amendment right to a speedy trial and how courts should apply this right in practice. Your goal is to:
- Use case law and legal principles to support your arguments.
- Respond to opposing arguments, considering potential counterpoints.
- Reflect on how the right to a speedy trial affects the justice system as a whole.
Fact Pattern
Alex Reid, 18 year old male, was arrested and charged with felony grand theft in the third degree in the State of Florida on April 20, 2024. Mr. Reid is accused of stealing a stop sign on the corner of Bay Road and 7th Street in Miami, Florida. Mr. Reid is a freshman student at Monroe University who was in Florida for Spring Break. Grand Theft as a third-degree felony can be punishable by up to five years of prison time or five years of probation, including a fine of $5,000. These penalties are applicable if the property is:
- Valued at $750.00 or more but below $20,000
- A motor vehicle
- A firearm
- A stop sign
- Any quantity of controlled substance
- Taken or used from a dwelling or an enclosed curtilage of a dwelling (Valued at over $100 but below $750)
Mr. Reid was released on bail on May 1, 2024 and had to surrender his passport. This case has not gone to trial due to various delays, including limited court resources, rescheduled hearings, defense waiting on discovery and the prosecution's efforts to gather more evidence. Mr. Reid was detained for part of this period and is now arguing that the delay violates their Sixth Amendment right to a speedy trial. As part of this discussion, you'll argue either in favor or against the claim that Mr. Reid's speedy trial rights were violated.
Florida Rule of Criminal Procedure, provides: [E]very person charged with a crime shall be brought to trial within 90 days of arrest if the crime charged is a misdemeanor, or within 175 days of arrest if the crime charged is a felony.
Courts can grant an extension due to "exceptional circumstances."Exceptional circumstances can include:
- unexpected illness, incapacity, or unforeseeable andunavoidable absence of a witness or other person necessary for trial;
- a showing by the state that the case is unusual and complex,and that it isunreasonable to expect adequate investigation or preparation within the periods of time established by this rule;
- showing by the state that evidence is not yetavailable despite diligent efforts to secure it;
- a showing by the state of delays groundedon developments that could not have been anticipated and that materially will affect the trial
If any of these exceptions are deemed by the Court to apply, then an extension of the Speedy Trial period will granted until a subsequent date as set by the court.
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