Brought to trial explained
Brought to trial generally refers to scheduling a legal case for a hearing,[1] or to bring a defendant to court.[2] However, it has several different, ambiguous meanings and examples used in the law. To bring to trial may refer to bringing a defendant to court when the process is ongoing.
Political, war, and other infamous crimes
Most often, the terms brought to trial, bring to trial, brought to justice and bring to justice refer to the prosecution at trial of alleged war criminals[3] and political prisoners,[4] [5] as well as those accused of treason or misprision of treason, sexual assault, and other infamous crimes.[6] [7]
Speedy trial
In some cases, the context of the term actually indicates a speedy trial issue, as guaranteed by the Sixth Amendment to the United States Constitution.[8] [9] [10] [11]
Related terms
A number of related terms and meanings exist:
- "Arraign, litigate, lodge, bring a complaint, bring to view evidence, exhibit, manifest and bring together, [and] accumulate."[12]
- "Lawsuit, suit, suit in law, suit at law, litigation, prosecution, bring a case before the court or bar, [and] bring to justice."[13]
- To "call to the bar, ... take silk, take to the law, bring to the bar, put on trial, pull up, accuse, ... file a claim, [and] inform against."[14]
- When the parties in a mediation or settlement conference can not come to an alternate dispute resolution, the action is brought to trial.
In the United Kingdom
Schedule 1[15] of the Interpretation Act 1978 defines:
“Sent for trial” means, in relation to England and Wales, sent by a magistrates' court to the Crown Court for trial pursuant to section 51 or 51A of the Crime and Disorder Act 1998.
Notes and References
- Kingdon . Arthur P. . The Trial Justice System of Virginia . Journal of the American Judicial Society . 1939 . 23 . 216.
- Book: Franklin . Carl J. . Constitutional law for the criminal justice professional . 1999 . CRC Press . Boca Raton, Fla. . 9781439821848 . 216.
- http://www.btselem.org/english/Special/20070617_Inter_Palestinian_violence.asp B'TSelem Press Release about bringing to trial those Palestinians responsible for alleged war crimes
- http://web.amnesty.org/library/index/ENGAMR360092006 Amnesty International Press Release about Haitian political prisoners
- Web site: Viet Nam: Another elderly dissident to be brought to trial - Amnesty …. https://archive.today/20080422111015/http://www.amnesty.org/en/library/info/ASA41/015/2004. dead. 22 April 2008. 22 April 2008.
- http://www.courttv.com Court TV article mentioning "Brought to trial" in context
- http://www.ekathimenni.org/4dcgil/_w_articles_politics_100010 "Draft Dodgers Brought to Trial"
- 2007 California Rules of Court, Rule 8.913, found at California Rules of Court
- Nebraska statutes, found at Findlaw.com
- Idaho statutes section 19-3501, found at Idaho state web site
- New York Criminal Procedure Law (CPL) section 30.30, found at NY State web site
- Burton, W. C. Burton's Legal Thesaurus, p. 597.
- Chapman, R.L. & Chapman, P.M. (1989). Roget's International Thesaurus, p. 767.
- Grumley, C.P. (n.d.) Roget's Thesaurus, p. 977.
- Web site: Interpretation Act 1978. www.legislation.gov.uk. en. Expert Participation. 2018-09-08.