U.S. Supreme Court decisions that imposed sanctions—the dismissal of charges—were effective in addressing searches in violation of the Fourth Amendment by police and charging and trial delays by the prosecutor. The Speedy Trial Act set a required deadline for changing and bringing a case to trial but it excluded trial delays caused by court backlog. Today, a culture of delay and lack of resources by counties and states has resulted in years-long trial delays. For example, in New York City, defendants must wait on average 642 days for a bench trial and 827 days for a jury trial. Some defendants have waited more than three years for their trial. For defendants, an unresolved case causes problems with housing, credit scores, child custody, and professional licenses.9 For defendants who cannot afford bail, they must wait in jail. Should the U.S. Supreme Court impose consequences, such as the dismissal of charges, for excessive delays in moving a case to trial?
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