Application of the Sixth Amendment and COVID-19
11265Ben was indicted on 24 state counts of possession of fentanyl, with intent to distribute near an elementary school, and federal racketeering charges in September 2019. While Ben sat in jail, his attorney was able to delay his jury trial a few times so he could gather witnesses for Ben’s defense. In March 2020, Ben’s attorney submitted a motion to dismiss the charges for a violation of Ben’s Sixth Amendment right to a speedy trial. The hearing was set for March 28. On March 15, the Governor of the state ordered all courts to close and suspended jury trials due to public safety concerns over COVID-19. Ben did not get his hearing and remained in jail.
1. Research the Federal Speedy Trial Act and its requirements.
2. Research the law in your home state (FLORIDA) pertaining to the number of days a defendant may be held in jail, consistent with the requirements of the Sixth Amendment, for a felony and misdemeanor charge.
****Write a one-page explanation of whether Ben’s Sixth Amendment right to a speedy trial was violated, based on your understanding of the law and the 9th Circuit Appellate Court case, United States v. Olsen.****
References
1. U.S. Const. amend. 6.
2. Speedy Trial Act of 1974, 18 U.S.C. § 3161 et seq (1974).
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