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48(b) which gives the federal courts discretion to dismiss an indictment if there has been 'unnecessary' delay in prosecution.
The fact that Polanski himself is the reason for the 32 year delay in prosecution is completely lost on Polanski's apologists.
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Last week a spokesman blamed delays in prosecution on poor investigation techniques such as lack of forensic evidence, over-reliance on confessions and logistical problems.
Tom Raynes, the executive director of the Colorado District Attorneys Councill, said the new system has led to extensive delays in prosecution that he called "a disservice, we think, to victims, to the public and frankly, we think, to the defendant".
It cited corruption and judicial delays in prosecutions, and said strong political will from South Africa and Mozambique – as well as the Asian countries that are the destination for much of the horn – was needed.
"There is no persuasive evidence that the delay in this prosecution has impaired Ghailani's ability to defend himself in any respect or significantly prejudiced him in any other way pertinent to the speedy trial analysis," Judge Kaplan wrote.
A Federal appeals court today upheld the Whitewater conviction of James McDougal, saying Mr. McDougal, President Clinton's former business partner, failed to show that a nine-year delay in his prosecution hampered his defense.
While the bankruptcy will succeed in putting off creditors, it won't mean any delay in criminal prosecution of the firm.
The death of the victim, Cherice Morales, who was a student of Stacey Dean Rambold, contributed to delays in the prosecution of the case, which was originally filed in 2008.
A senior ex-judge has condemned delays in the prosecution of former spy Witness K and his lawyer, Bernard Collaery, saying they represent an "absolute abandonment" of the principles of open and fair justice.
Whenever, therefore, she departs from the route, or delays in the prosecution of it, it is incumbent on the assured to show that the departure was caused by necessity, or that the delay at a port named in the policy was reasonable under the circumstances in order to accomplish the objects of the voyage.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com