Brief of Amici Curiae Vermont Network Against Domestic and Sexual Violence, et. al. in Support of Petitioner in State of Vermont v. Michael Brillon, the Supreme Court of the United States, 08-88

Abstract

This is the Brief of Amici Curiae Vermont Network of Domestic and Sexual Assault et. al., in support of petitioner filed in the United States Supreme Court case of State of Vermont v. Michael Brillon 08-88. At issue in the case is whether delays caused by the defendant and/or his counsel can serve as the factual predicate for a claim that the state violated a defendant's Sixth Amendment right to a speedy trial. This brief calls to the Court's attention the impact that its ruling could have on victims of domestic and sexual violence. In these cases, defendants and their counsel often delay cases and manipulate the court system to their strategic advantage. The concern is that if the Vermont Supreme Court decision is allowed to stand, abusers will have increased incentive to engage in these behaviors with the hope that the case will be dismissed either because the victim decides no longer to participate or because the case is dismissed for lack of a speedy trial. This will frustrate the ability to prosecute these cases, put victims and the public at risk, and undermine the integrity of the criminal justice system. The case is set for argument January 13, 2009.