Barker v. Wingo
Case Date: 07/22/1972
|
Barker v. Wingo, 407 U.S. 514 (1972)[1], was a case in which the United States Supreme Court held that determinations of whether or not the Sixth Amendment right to a speedy trial for defendants in criminal cases must be made on a case-by-case basis. One factor recognized by the Court was the length of delay, but the Supreme Court has never explicitly ruled that some particular time limit must apply. Another factor recognized by the Court was the reason for the delay. The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness. The other factors to be considered are the time and manner in which the defendant has asserted his right, and the degree of prejudice to the defendant which the delay has caused. If it is found that a defendant's right to a speedy trial was violated, then the indictment must be dismissed and/or the conviction overturned. A reversal or dismissal of a criminal case on speedy trial grounds means that no further prosecution for the alleged offense can take place.
|