8.11 Right to a Speedy Trial

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

8.11 Right to a Speedy Trial

The Sixth Amendment provides that "in all criminal prosecutions the accused shall enjoy the right to a speedy trial."¹¹⁴ This guarantee of a speedy trial prevents "undue . . . incarceration prior to trial," minimizing "anxiety accompanying public accusation" and "limit[ing] the possibility] that long delay will impair the ability of an accused to defend himself."¹¹⁵ It also serves the public interest by "reducing defendants' opportunity to commit crimes while on pretrial release and preventing extended pretrial delay from impairing the deterrent effect of punishment."¹¹⁶ The right has been incorporated to apply against the states.¹¹⁷ Virtually all state constitutions contain speedy trial guarantees similar to the federal provision. Additionally, many...