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The Sixth Amendment to the US Constitution guarantees the defendant the right to a speedy trial. In comments related to Donald Trump's latest arraignment, his lawyer suggested that Donald Trump doesn't want a speedy trial.

Has a ruling ever held that the right to a speedy trial extends to the prosecution, or that the defendant cannot waive this right? The unlimited ability to delay the trial by the defendant would open the door to all sorts of abuses.

Mark
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1 Answers1

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The Sixth Amendment is very specific: "[T]he accused shall enjoy the right to a speedy[...] trial." There is no such constitutional right given to the prosecution, and such a right would not serve the public interest. Defendants very often waive their right to a speedy trial in order to have more time to prepare a defense.

Conversely, however, the defendant does not have the right to draw out the proceedings indefinitely. When the right to a speedy trial is waived, it falls to the court (that is, the judge) to schedule the proceedings at its discretion. It may choose to take into account the wishes of the prosecution or the defense or both, but is not required to do so.