8.11.2 Constitutional Standard

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

8.11.2 Constitutional standard

In cases arising under the Sixth Amendment, the Supreme Court requires a balancing test to determine if the right to a speedy trial has been violated. The conduct of both the prosecution and the defendant is evaluated, with four key factors weighed—"[l]ength of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant."¹²³

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Notes:

^[123] . Barker v. Wingo, 407 U.S. 514, 530 (1972).