Michael Novotny (Independent) has posted Don't Hurry Me Up to Make Me Wait! The Framers Intended the Sixth Amendment to Cover Speedy Sentencing on SSRN. Here is the abstract:
This paper takes an originalist perspective, in honor of the late Justice Scalia, to argue that the Framers intended the Sixth Amendment — not the Due Process clause — to apply to speedy sentencing. Speedy sentencing is embodied in over 300 years of American-criminal law principles. During the framing of the Constitution, the Framers drafted the Speedy Trial clause with several core values in mind: “unreasonable delay . . . threatens to produce . . . ‘oppressive . . . incarceration,’ ‘anxiety and concern of the accused,’ and ‘the possibility that the [accused’s] defense [or appeal] will be impaired by’ dimming memories and loss of exculpatory evidence.” When putting these values to practice, the text of the Speedy Trial clause must be read with the “meaning ascribed at the time of [its] ratification.” As a result, this paper first provides a factual scenario — as presented in Betterman v. Montana — to analyze the legal issues presented by the Speedy Trial clause. Next, the text of the Speedy Trial clause is dissected. Finally, this paper examines the text in the context of the Sixth Amendment’s history and tradition.
Posted at 6:21 AM