![]() ![]() They do not become phantoms or shadows, the mere echoes of a life once possessed. They do not pass away, as if they slowly receded from sight and from importance. The biblical understanding of the fate of those who die in Christ is entirely in the other direction. Should we really use the same term to speak of friends and family members we hope to see again? The Apostle John claims that the darkness is passing away, as well as the “world and its lusts.” Their future is inconsequential. Paul, for example, says that the world in its present form is passing away. ![]() ![]() “Passed away” is not only imprecise it has negative overtones in the Bible. They passed? Passed what? Were they driving a car? Passed where? I would understand, “They passed this way,” but not “they passed away” - away to where? What is wrong with saying that someone “passed away,” or as some people say, with even greater economy, “he passed”? There is nothing wrong with it, but it is imprecise. But I have also been dissatisfied with euphemisms like, “he passed away,” or workarounds like, “he’s gone to heaven.” When my best friend’s younger brother said to me, “Your brother died!” it felt as if he had twisted the blade that was lodged in my soul.īecause of that experience, I have tried to be tactful, delicate even, when speaking of someone’s death. I never wanted to think about my brother’s death, and I hated to hear other people speak about it. When I was in sixth grade, my brother died, and I carried his death inside of me, a sword that had pierced my own soul. I understand the desire to spare people pain. ![]()
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![]() That statement did not appear to constitute a binding holding: Reed dealt with the Speedy Trial Clause only in passing because the defendant did not actually press a constitutional speedy trial claim. A showing of prejudice is required to establish a violation of the Sixth Amendment Speedy Trial Clause, and that necessary ingredient is entirely missing here.” ). 339, 353 (1994) ( “ does not suggest that his ability to present a defense was prejudiced by the delay. Farley, the Supreme Court made a statement directly to the contrary, declaring that a showing of evidentiary prejudice “is required” to show a speedy trial violation. Yet on one occasion, in the 1994 case Reed v. at 533 ( “We regard none of the four factors identified above as either a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial.” ). 25, 26 (1973) (per curiam) (rejecting, based on Barker, the “notion that an affirmative demonstration of prejudice s necessary to prove a denial of the constitutional right to a speedy trial” ) Barker, 407 U.S. at 655 ( “ffirmative proof of particularized prejudice is not essential to every speedy trial claim.” ) Moore v. Multiple times the Court has said that a showing of evidentiary prejudice is not essential. In Barker, for example, where the defendant had spent ten months in pre-trial detention and endured four-and-a-half years under the “cloud” and “anxiety” of pending murder charges (and could therefore establish prejudice of the first two types), the Court counted the prejudice factor against the defendant because he did not show that the delay actually damaged his defense. ![]() ![]() 647, 654 (1992) (quoting Barker for same proposition). ( “he most serious is the last, because the inability of a defendant adequately to prepare his case skews the fairness of the entire system.” ) Doggett v. Generally, the Court has emphasized evidentiary prejudice as the most consequential of the three types. 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.īarker instructed courts to consider prejudice in terms of the three primary purposes of the speedy trial guarantee: (1) prevention of “oppressive pretrial incarceration ” (2) minimization of the “anxiety and concern” caused by criminal accusation and (3) protection against “the possibility that the defense will be impaired” by delay (i.e., evidentiary prejudice). Please do not submit any information that is case specific, personal or confidential.Amdt6.3.9 Prejudice and the Right to a Speedy Trial No attorney client this relationship will exist unless you meet with one of our attorneys and sign a retainer agreement. Submitting or receiving information web does not create an siteattorney client relationship. ![]() Prior results do not guarantee a similar outcome. Statutes and case law frequently change the accuracy of this information can only be represented as of the date of publication. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique requiring that all legal situations be addressed with qualified legal counsel. The information contained herein should not be construed as legal advice. ![]() This web site is designed to provide general information only and to help in the choice of appropriate legal counsel. 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