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The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...". [1] The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.
Under Barker, to determine whether a delay between accusation and conviction violates the speedy trial right, the Supreme Court applies a balancing test that considers the following four factors: (1) the length of the delay; (2) the reason for the delay; (3) whether and to what extent the defendant asserted his speedy trial right; and (4) the ...
Under Barker, to determine whether a delay between accusation and conviction violates the speedy trial right, the Supreme Court applies a balancing test that considers the following four factors: (1) the length of the delay; (2) the reason for the delay; (3) whether and to what extent the defendant asserted his speedy trial right; and (4) the ...
This sixth amendment right to a speedy trial is made applicable to and enforceable against the states by virtue of the due process require-ments of the fourteenth amendment.4 The speedy trial guarantee fulfills several purposes for the individual defendant. First, the guarantee enhances the integrity of the fact-finding process by making it ...
A case in which the Court held that the Sixth Amendment right to a speedy trial applies only after a person has been accused of a crime and that the pre-indictment delay did not deprive Lovasco of due process, though the lapse of time somewhat prejudiced his defense.
A defendant in a criminal case has a right to a speedy trial under the Sixth Amendment to the U.S. Constitution. While the Constitution does not define a speedy trial, the federal Speedy Trial Act and state laws provide some guidance on when the right may be violated.
The Speedy Trial Act of 1974 requires that an indictment be dismissed if the defendant is not brought to trial within a 70-day period, and requires the court, in determining whether to dismiss with or without prejudice, to.
