The Two-Sided Speedy Trial Problem

Abstract

This essay responds to The Not So Speedy Trial Act, by Shon Hopwood, 89 WASH L. REV. 709 (2014). The essay argues that Hopwood's focus on doctrinal reform to limit undue delays in criminal trials overlooks the two-sided speedy trial problem in our criminal justice system. Although the criminal justice system does tolerate unjust delays in some cases, the system also encourages rushed, unconsidered justice in a large number of cases, especially in misdemeanor cases. Accordingly, rather than emphasize doctrinal reform to change the behavior of legal actors at one end of this speedy trial spectrum, we should re-calibrate resources in our criminal justice system to provide both speedy and deliberate trials across the full run of cases.