Court Procedures 3 Essay Example | Topics and Well Written Essays - 1000 words

Court Procedures 3 - Essay Example s is mostly possible through the arresting and investigating officer’s sworn testimony about the area where the crime was committed being the same area where the trial is being held. This is enough to convince the judge and jury that the place of trial is in accordance with the constitution. Every accused individual has a right to a speedy trial as a constitutional right. There are two major differences between the constitutional and statutory right to a speedy trial. The first difference is that there should be a test to determine if the right was violated. In the statutory right, the test is carried out just in regards to violation of time periods and nothing more. However, the constitutional right examines factors such as the length of delay, justification of that delay, the prejudice that the delay caused and whether this delay was asserted by the defendant or not. The other difference is in regards to the remedy for the violation of this right. The statutory right depends on the statute provided some of which indicate the defendant may be retired while the constitutional right requires dismissal of charges and failure to retry the defendant on the offence. There are two things that are considered in regards to the mental status of the defendant: the first is insanity and the other is competency to stand trial. The two are different even though they sound similar. Insanity regards the mental state of the defendant at the time when the alleged crime took place while competence to stand trial regards the mental state of the patient during the trial which may prevent him from being tried. The competence of any individual to stand trial is protected by the Fifth as well as the Fourteenth Amendments and prevents any incompetent individual from standing trial. Proof is however needed to verify the state of mind of the defendant. The most important thing in chapter 11 is the explanation of the role of the judge as well as the prosecutor which may people do not