[3] In jurisdictions with strong rule of law, the requirement of a "speedy trial" forces prosecutors to diligently build cases within a reasonable amount of time commensurate with the complexity and heinousness of the crimes of which suspects are accused.
The right is based on the notion that long-term incarceration should normally be restricted to situations in which a judge or jury have determined a suspect has committed a crime.
[8] In 2024, the Act, initially enacted as a temporary measure, was made permanent, drawing criticism from legal experts and rights organizations.
[11] There is no automatic legal remedy available to defendants who are denied speedy trials, rendering it difficult to hold judicial officers accountable for violations.
[12] The Article 37 [ja] of the Japanese Constitution states, "In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
[18] The extreme length of time required to have a trial has caused an increasing number of people to plead guilty to criminal charges, for which they deny guilt, in order to have their matters resolved sooner.
In June 1776, a "speedy trial" provision was explicitly included in the Virginia Declaration of Rights by George Mason, its principal author.
[23] Unlike the federal constitutional right to a speedy trial, California does not treat a "uncommonly long" delay as giving rise to a presumption of prejudice under its state constitutional right to a speedy trial, meaning the defendant must show actual prejudice in the sense that evidence material to his defense was actually lost or damaged as a result of the delay.