8.11.5 Prejudice to the Defendant

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

8.11.5 Prejudice to the Defendant

The prejudice to the defendant stemming from a delayed trial is assessed in light of the interests that the right to speedy trial is designed to protect, including preventing oppressive pretrial incarceration, minimizing the anxiety and concern of the accused, and limiting the possibility that the defense will be impaired. Avoiding impairment of the defense is perhaps the most pressing factor because the inability of a defendant to prepare adequately and present an effective case "skews the fairness of the entire system."¹²⁸ If, during a delay, a witness dies or becomes otherwise unavailable, the prejudice may be great. Courts can also find prejudice where a witness is unable to recall events accurately as a result of a lengthy delay.¹²⁹

Tactic

In a motion to dismiss based...