Amendment VI : "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
So, we've tossed out speedy. Let's see what other of his rights will be violated:
- Public trial: Might embarrass the prosecutor.
- Impartial jury: The prosecutor will now have a year to poison everyone.
- Venue: This will be protected, because the prosecutor wants his poisoned jury pool.
- Nature of the crime: I don't know about this one.
- Confronting witnesses: The alleged rapee will probably not have to testify.
- Witnesses in favor: They'll be excluded. The prosecution is already working on the taxi driver.
- Counsel: Okay, that one's being protected.
Doesn't look good for these kids.
Not to defend Nifong, but under the caselaw analyzing the Sixth Amendment right to a speedy trial, a delay of one year is not usually a violation,