Sentence examples for trial violation from inspiring English sources
Proof of actual prejudice to the defense at trial is not, of course, necessary to demonstrate a speedy trial violation.
Because of this delay, a speedy trial violation could be found in this case, even without proof of actual prejudice at trial.
Mr. Ghailani's lawyers have said his case "presents possibly the most unique and egregious example of a speedy trial violation in American jurisprudence".
"We respectfully submit that this case presents possibly the most unique and egregious example of a speedy trial violation in American jurisprudence to date," Mr. Ghailani's lawyers said in a document that was heavily censored because of its reliance on classified information.
With the exception of a Double Jeopardy or Speedy Trial violation, the government will usually be permitted to retry the defendant.
The report provides a detailed account of the mutiny and documents serious abuses in the aftermath, including torture by security forces of people in custody on suspicion of planning the mutiny, and of ongoing concerns about fair trial violations in mass trials of hundreds of suspects at a time.
"It's been a much slower process than I ever imagined," said Justin Adkins, 35, who traveled several hours from Williamstown, Massachusetts, to 10 court appearances before his case was also tossed out for speedy trial violations.
Mr. Ghailani's lawyers have argued that national security cannot justify a speedy-trial violation.
Already, Judge Kaplan has rejected two key defense requests to dismiss charges, on grounds of government misconduct and speedy-trial violations, and prosecutors have said they do not intend to use statements from Mr. Ghailani's interrogation at trial.
Although prejudice seems to be an essential element of speedy-trial violations, it does not follow that prejudiceor its absence, if the burden of proof is on the governmentcan be satisfactorily shown in most cases.
October 1, 1843 - trial for violation of the 7th Commandment.
