Repeated requests for continuances by the prosecution

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Reference no: EM133812611

Question

A defendant's trial is delayed significantly due to repeated requests for continuances by the prosecution. The defendant eventually argues that this delay violated their Sixth Amendment right to a speedy trial. Under what circumstances can a "good cause" for delay, such as strategic prosecutorial decisions, affect the determination of a Sixth Amendment speedy trial violation?

Only if the defendant agrees to all the continuances requested by the prosecution. If the delay is deemed to serve a legitimate legal purpose and does not prejudice the defendant's ability to prepare a defense. Good cause for delay is irrelevant, and any delay automatically results in a violation of the Sixth Amendment. Strategic decisions by the prosecution are never considered good cause for delay under.

Reference no: EM133812611

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