![]() ![]() Death penalty cases, which involve a separate sentencing phase, may present distinctive timing issues. There also may be due process arguments if a delay in sentencing is extreme. Federal and state laws often provide certain time limits for sentencing, though, and the Federal Rules of Civil Procedure provide that a defendant is entitled to be sentenced without an unnecessary delay. Technically, the Sixth Amendment right to a speedy trial does not require a defendant to be sentenced within a certain time after a conviction. However, a judge will pause the clock during any period in which the defendant is evading law enforcement. Since the clock can start running before the arrest, a defendant might think that avoiding an arrest would be a good strategy if they have already been charged. However, the clock will not start running if law enforcement is investigating someone as a suspect but has not arrested or formally charged them. Or it may start running when the defendant is formally charged, if this happens before the arrest. The clock usually starts running on the right to a speedy trial when the defendant is arrested.
0 Comments
Leave a Reply. |