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Betterman v. Montana
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.
Argument: Guilt-determination and sentencing historically were inseparable and speedy trial protections apply to both. The interests set forth in Barker require protection at sentencing. Extended pre-sentence incarceration is oppressive. Delays in the sentencing phases of a trial exacerbate anxiety and concern. Delays in the sentencing phase of trial impair defendants' abilities to exercise their legal rights with the courts. The Due Process Clause insufficiently protects the rights guaranteed by the speedy trial provision of the Sixth Amendment.