Why are Criminal Cases Dead Docketed?
The procedure of dead docketing a criminal case is a postponement of the trial proceeding until the judge decides or if requested by the defendant. Dead docketing a case offers benefits and detriments to the criminal justice system and is surrounded by legal misconceptions.
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Benefits
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The dead docketing of a case does not dismiss the case but rather delays its prosecution. The judge may wish to try time-intensive matters prior to trying the defendant's case in the interest of preserving the timeliness of the court process.
Detriments
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When a criminal case is dead docketed, all witness to the case are dismissed until the case is removed from the dead docket and the witnesses are re-subpoenaed when the case is reactivated. This costs the court and the defendant additional time and resources to try the case.
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Misconceptions
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Although it may act like a delay in trial, dead docketing has not been found to infringe upon the constitutional right to a speedy trial. Furthermore, defendants can request their case be removed from the dead docket.
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References
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