Why Do Criminal Trials Take So Long?

One reason criminal proceedings take so long is a fact gathering process called discovery. In discovery, lawyers on both sides (prosecution and defense attorney) are trying to find as much evidence as possible. Defense lawyers are looking for evidence both to absolve their clients of guilt and to be prepared for at trial. Prosecutors - ideally - are looking which goes to the truth of the matter whether good or bad for their case. Typically defense lawyers have access to any evidence the prosecution does.

Another factor in the timing is requests for continuances. These reset trial dates until a later time. Defense lawyers will sometimes employ this strategy to lessen prejudice or weaken the government's case. For example, if a recent crime has become a hot button issue in town, it might be best to let emotions cool before having a trial.



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