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Macdonald, United States v. 456 U.S. 1 (1982)

MACDONALD, UNITED STATES v. 456 U.S. 1 (1982)

Chief Justice warren e. burger for a 6–3 Supreme Court reaffirmed that the protection of the speedy trial provision of the Sixth Amendment does not extend to the period before a defendant is officially accused of the crime and ceases once charges are dismissed. Thus, the period between dismissal of military charges and indictment later in a civil court could not be considered in determining whether delay violated the right to a speedy trial. Dissenters disagreed with the majority's reasoning that the interests served by the right to a speedy trial stood in no jeopardy before accusation or after dismissal of charges.

Leonard W. Levy
(1986)

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