What is the appropriate sanction for dismissing a motion for a speedy trial violation?

California, United States of America


The following excerpt is from Derek L. v. Superior Court, 137 Cal.App.3d 228, 186 Cal.Rptr. 870 (Cal. App. 1982):

[137 Cal.App.3d 235] The trial judge, of course, did not wish to dismiss this petition for a speedy trial violation. Rather, he wanted to impose the dismissal as a sanction against the prosecution. There is authority for the use of the dismissal power as a punishment imposed on the prosecution. However, that sanction is not appropriate, and lesser sanctions must be utilized by the trial court, unless the effect of the prosecution's conduct is such that it deprives the defendant of the right to a fair trial. (People v. Hitch

Page 875

In People v. Mills (1978) 87 Cal.App.3d 302, 309, 151 Cal.Rptr. 71, the court reversed a dismissal entered when the complaining witness refused to cooperate with a requested psychiatric examination. The Mills court held that her refusal justified a comment on that conduct, but the extreme sanction of dismissal was most inappropriate.

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