Delay in process, denial of justice: the jurisprudence and empirics of speedy trials in comparative perspective

Criminal law scholars regularly maintain that American prisons are overcrowded and that defendants in custody wait long periods of time before having their cases brought to trial. A similar refrain is made of the penal process in India--the world's largest democracy, an ally of the United States, and a country with a judiciary that draws upon American criminal procedure law. In fact, the situation in India is thought to be much worse. Accounts of prisoners languishing behind bars for several years--and sometimes decades--awaiting their day in court are not uncommon. Many Indian prisons are between 100% and 200% over capacity, where conditions are squalid and the weaker inmates face serious physical harm.