Criminal defendants have a right to a “speedy trial” under the U.S. Constitution. The federal CVRA and many state crime victims’ laws confer upon crime victims a right to proceedings “free from unreasonable delay” or to a “prompt disposition”. What constitutes “unreasonable” or “prompt” is fact-specific. There are many reasons for delaying proceedings that are considered reasonable; most prominently, any delay taken to ensure the defendant’s rights to a fair trial are preserved, though requests to delay the proceedings may be made by either the prosecution or the defense.

Example: At trial the prosecution intends to introduce DNA evidence which concludes that the defendant’s DNA was present on a swab taken from the sexual assault victim’s vagina. During the discovery process the prosecution turned over to the defense the records relating to the DNA analysis and shortly before trial stated their intention to call the DNA analyst as an expert witness at trial. The defense attorney then requests a continuance to obtain their own expert and have that person review the records turned over by the prosecution.

Example: On the eve of trial the case detective is injured on duty and hospitalized, therefore unavailable to testify. The detective was the only person present when the defendant admitted to engaging in sexual conduct with the victim and also was responsible for transporting the sexual assault evidence collection kit from the hospital to the laboratory for testing. Both pieces of evidence are essential to the prosecution’s case. Because an essential witness is temporarily unavailable, the prosecution requests a continuance.

Even where crime victims are granted the right to proceedings free from unreasonable delay, it does not give victims any greater control over the criminal justice process. Ultimately the decision to grant a “continuance” in a case is up to the presiding judge, but only the parties – generally the prosecutor and defendant/defense attorney – can request, agree to, or oppose a continuance. Module 8 will explain the role a victims’ attorney can have related to delays in the proceedings.

Consult your agency’s state-specific supplemental guide regarding criminal defendants’ rights to a speedy trial and crime victims’ rights to a prompt disposition.