Under the Sixth Amendment to the United States Constitution, any person accused of a crime has the right to a trial that proceeds as quickly as possible. The right to a speedy trial under the Sixth Amendment is conditional on the defendant’s indictment and detention. If the delay results from an investigation lasting less than two weeks, this rule does not apply (The 6th Amendment of the U.S. Constitution, n.d.). Ben’s Sixth Amendment right to a speedy trial would have been violated if he had not been imprisoned for at least two weeks before his indictment or trial.
In the case of United States v. Olsen, decided by the 9th Circuit Court of Appeals, the precedent established the presumption of unreasonable delay in the absence of government proof to the contrary. This indicates that the government must present a clear cause for any delay. As shown in the appeal decision handed down by the 9th Circuit Court of Appeals, the courts will presumptively conclude that there has been excessive delay unless circumstances justify the rationale (Curiam, 2021). Despite this, some courts may look at the facts on a case-by-case basis to determine whether there was a plausible explanation for the delay.
My knowledge of the law leads me to believe that Ben’s right to a timely trial, which the Sixth Amendment protects, was not infringed upon in any way. In the case United States v. Olsen, which the Ninth Circuit Appellate Court heard, the court ruled that a presumption of excessive delay is to be used unless the government can establish that there was not an unreasonable delay. This indicates that the government must justify delays by demonstrating a valid reason.
References
The 6th Amendment of the U.S.. National Constitution Center – constitutioncenter. (n.d.). Web.
Curiam. P. (2021). United States v. Olsen. Legal research tools from Casetext. Web.