DPA Klopfer v. North Carolina
Sarah Deson
Created on February 20, 2023
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Transcript
Sixth Amendment to the Constitution
Klopfer v. North Carolina (1967)
Sixth Amendment to the Constitution
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..."
https://www.merriam-webster.com/legal/speedy%20trial
Speedy Trial Clause : "a trial conducted according to prevailing rules and procedures that takes place without unreasonable or undue delay or within a statutory period"
I- BackgroundII- Supreme Court's DecisionIII- Consequences
- Peter Klopfer
- January 3, 1964
I- Background
The North Carolina State Supreme Court upheld the Orange Superior Court's decision
The prosecutor requested a nolle prosequi
The Orange County jury failed to reach a verdict at the Orange Superior Court trial
The State of North Carolina charged Peter Klopfer with criminal trespass
Timeline
https://supreme.justia.com/cases/federal/us/386/213/
A nolle prosequi with leave is "a procedural device whereby the accused is discharged from custody but remains subject to prosecution at any time in the future at the discretion of the prosecutor.”
The North Carolina State Supreme Court upheld the Orange Superior Court's decision
The prosecutor requested a nolle prosequi
The Orange County jury failed to reach a verdict at the Orange Superior Court trial
The State of North Carolina charged Peter Klopfer with criminal trespass
Timeline
II- Supreme Court’s Decision
II- Supreme Court’s Decision
Does the nolle prosequi deny Klopfer his constitutional right to a speedy trial, and is therefore included in the Sixth Amendment?
- March 13, 1967
- Extended the Sixth Amendment's speedy trial guarantee
- Applied this right to the states by the Fourteenth Amendment
II- Supreme Court’s Decision
Fourteenth Amendment to the Constitution
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Justice Clark
Justice Warren
Justice Black
Justice Douglas
Lorem ipsum dolor sit amet, consectetuer adipiscing elit
NameSurname
Unanimous opinion
Justice Fortas
Justice White
Justice Brennan
Lorem ipsum dolor sit amet, consectetuer adipiscing elit
NameSurname
Unanimous opinion
Justice Stewart
Justice Harlan
Concurring opinion
The U.S. Supreme Court
"...the right to a speedy trial is as fundamental as any of the rights secured by the Sixth Amendment"
- Length of the delay
- The reason for the delay
- The time and manner in which the defendant asserted his right
- The degree of prejudice to the defendant which the delay has caused.
- Quoted 22 times by the Supreme Court
- Smith v. Hooey (1969)
- Dickey v. Florida (1970)
- Barker v. Wingo (1972)
III- Consequences
Thanks!
https://caselaw.findlaw.com/us-supreme-court/386/213.html https://en.wikipedia.org/wiki/Klopfer_v._North_Carolinahttps://www.oyez.org/cases/1966/100https://casetext.com/case/klopfer-v-north-carolina/case-summarieshttps://www.oxfordreference.com/display/10.1093/oi/authority.20110803100039965;jsessionid=A3345D7FC701067B438D6290847A5811https://www.wikiwand.com/en/Klopfer_v._North_Carolinahttps://www.merriam-webster.com/legal/speedy%20trialhttps://view.genial.ly/63f35465cc051d0011255bd7/presentation-organic-presentation-ii