1. Application of the Sixth Amendment and COVID-19
The LawThe Sixth Amendment to the U.S. Constitution reads, In all criminal prosecutions,
the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the
State and district wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have compulsory process
for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense
(1).The Speedy Trial Act of 1974 and state laws provide guidance as to the number of days
to bring a defendant to trial before this right is violated. A prosecutor may work around the
speedy trial clock if they can show good cause for a delay, or if a defendant agrees to waive
the right. One reason for the right to a speedy trial is to prevent a defendant from being held
in custody only to find out that the defendant was innocent. An innocent citizen who is
incarcerated in violation of the Sixth Amendment right to a speedy trial is a violation of due
process rights (2).The FactsBen 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 Bens defense. In March 2020, Bens attorney
submitted a motion to dismiss the charges for a violation of Bens 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.InstructionsResearch the Federal
Speedy Trial Act and its requirements.Research the law in New York State 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.Read .Write a one-page, double-
spaced explanation using Times New Roman font (size 12), with 1-inch margins on all sides
of whether Bens 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.
