Criminal Trial Delay Tactics: The Hidden Strategies and Their Impacts

Delaying tactics in criminal trials are as old as the justice system itself. Prosecutors and defense attorneys have long played a game of cat and mouse when it comes to pushing deadlines, dragging out proceedings, and exploiting legal loopholes. But while some may assume that delays are merely bureaucratic inconveniences, they can, in fact, drastically alter the course of a trial—and the lives involved.

Imagine a high-profile criminal case in which the accused is a powerful public figure. What happens when this individual uses every legal avenue to stall the case for months, or even years? Over time, public interest wanes, key witnesses might disappear, memories fade, and the odds of a conviction weaken. Delays can be used strategically to benefit one side while undermining the other. In some cases, these tactics can tip the scales of justice entirely.

In this comprehensive guide, we’ll dissect these delay tactics, their legal basis, and how they affect all parties involved, from defendants to prosecutors, victims, and the justice system at large. We'll explore real-world examples and how different jurisdictions are trying to counteract the problem.

What are Criminal Trial Delay Tactics?

Criminal trial delay tactics are deliberate legal strategies used to extend the duration of a criminal case, often to gain some form of advantage. These tactics can range from requesting extensions for document submission, filing multiple motions, or questioning the competence of the judge. Sometimes, delays can be based on procedural matters like gathering evidence or waiting for expert testimony, but often they’re employed as a tactic by defense attorneys or even prosecutors.

Here are some common delay tactics:

1. Filing Multiple Motions: Defense attorneys often file motions to suppress evidence, dismiss charges, or request additional discovery. Each of these motions requires time to be processed, adding weeks or even months to the case.

2. Change of Venue: Requesting a trial be moved to another location can slow down proceedings, especially in high-profile cases where finding an impartial jury is difficult.

3. Requesting Continuances: One of the most straightforward and frequently used methods is requesting a continuance, citing reasons like scheduling conflicts, illness, or new evidence. While legitimate reasons exist, this tactic can also be used to prolong the process.

4. Challenging Jury Selection: A lengthy jury selection process can significantly delay a trial, especially if the defense or prosecution raises concerns about the impartiality of jurors.

5. Appeals and Interlocutory Appeals: Filing appeals mid-trial, particularly interlocutory appeals that challenge rulings before the trial concludes, can lead to significant delays.

6. Mental Health Evaluations: If a defendant claims mental health issues, courts may be forced to order evaluations, which can take months. If the individual is found incompetent to stand trial, the case could be paused indefinitely until competency is restored.

Why Do Attorneys Use These Tactics?

There are several reasons why attorneys—primarily defense attorneys—may wish to delay a trial:

1. Improved Negotiation Position: The longer a trial takes, the more likely the prosecution may be willing to offer a plea deal. Prolonged delays can strain the resources of both the court and the prosecution, making them more likely to seek a settlement.

2. Fading Evidence and Witnesses: With time, evidence can degrade, and witnesses may become unavailable or unreliable. Memory fades, witnesses move, or they may be intimidated. As the prosecution’s case weakens, the chances of a favorable outcome for the defense improve.

3. Public Perception and Media Attention: Public interest in a case can die down over time, and with it, any public pressure for conviction. In high-profile cases, defendants may hope that the passage of time will make the case less of a media spectacle, allowing for a less biased trial.

4. Stress on Victims and Families: Particularly in cases involving violent crimes, the defense may delay in hopes that the victims or their families will become discouraged or emotionally worn down, weakening their resolve to push for a conviction.

The Consequences of Delay Tactics

While delaying a trial might seem like a mere inconvenience, the real-world impact is profound.

1. For the Defendant:

   • Pros: Delays can work to the advantage of defendants, especially if they are free on bail. Over time, their personal and professional lives may stabilize, and they may benefit from fading evidence or a weary prosecution.
   • Cons: On the other hand, delays can prolong the uncertainty in their lives, keep them under strict legal restrictions, and lead to financial burdens.

2. For the Prosecution:

   • Pros: Delays can sometimes work in the prosecution's favor if they are waiting for crucial evidence or witness testimony.
   • Cons: However, delays often weaken the prosecution’s case as evidence deteriorates, witnesses disappear, and public interest wanes. The credibility of the justice system can also be undermined if cases are drawn out for years.

3. For Victims and Their Families:

   • Pros: Victims might occasionally benefit from delays if they need more time to prepare emotionally for the trial.
   • Cons: More often than not, delays add to the emotional trauma experienced by victims and their families. The extended timeline can exacerbate feelings of helplessness, anger, and frustration. The possibility that the defendant could evade justice through delay tactics can be particularly disheartening.

4. For the Justice System:

   • Pros: None, really. Delays in criminal trials rarely benefit the overall justice system.
   • Cons: A backlog of cases, overworked judges, and public mistrust are some of the significant issues that arise when trials are unnecessarily delayed. Moreover, prolonged cases consume resources, slow down the courts, and affect the efficiency of the justice system.

Real-World Examples of Criminal Trial Delay Tactics

1. The O.J. Simpson Trial: One of the most famous examples of delay tactics in action, the Simpson defense team, known as the "Dream Team," made extensive use of motions, jury selection challenges, and continuances to push the trial for months. This led to one of the longest and most publicized trials in American history.

2. Rod Blagojevich: The former Illinois governor, accused of corruption, used multiple delay tactics during his trial, including requests for more time to review evidence and file additional motions. His legal team attempted to stretch out the proceedings to negotiate a more favorable outcome.

3. Robert Durst: Durst, accused of multiple murders, had his trial delayed for years, largely due to his legal team’s strategic filings and claims regarding his mental and physical health.

How Courts are Fighting Back Against Delay Tactics

Given the increasing misuse of delay tactics, courts in many jurisdictions are taking steps to curtail them. Some of the methods employed include:

1. Stricter Deadlines: Courts are imposing stricter deadlines for filing motions, submitting evidence, and setting trial dates. Extensions are being granted sparingly, only for legitimate reasons.

2. Judicial Discretion: Judges are given more discretion to deny continuances and reject motions they believe are filed purely for delay. Judicial training has also focused on recognizing and addressing these tactics more effectively.

3. Technology Use: With the adoption of new technologies like video conferencing for witness testimonies and digital submission of evidence, courts can reduce delays caused by logistics.

4. Legislation: Some jurisdictions have introduced legislation to cap the number of delays or restrict the types of motions that can be filed mid-trial, particularly in high-profile cases.

Is There a Solution?

There’s no simple answer to curbing criminal trial delays, especially because some delays are necessary for the fairness of the trial process. However, ongoing legal reforms, technological advancements, and judicial awareness are beginning to address the issue. For now, it remains a delicate balancing act between ensuring justice and preventing abuse of the system.

Ultimately, while the wheels of justice may turn slowly, the onus is on the legal system to ensure that they don't grind to a halt.