Barker v. Wingo Speedy Trial
In Barker v. Wingo. 407 U.S. 514 (92 SCt 2182, 33 LE2d 101) (1972), the United States Supreme Court set out a balancing test, in which the conduct of both the prosecution and the defense are weighed, to determine whether a defendant's constitutional right to speedy trial has been violated.
Some of the factors to be considered include: the length of the delay, the reason for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant. Id. at 530 (IV).
None of the factors is either a necessary or sufficient condition to the finding of a deprivation of the right to a speedy trial; rather, they are related factors that must be considered together with other relevant circumstances. Id. at 533.
The Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused's constitutional right to a speedy trial had been violated:
(a) the length of the delay;
(b) the reason for the delay;
(c) the defendant's assertion of his right;
(d) the prejudice to the defendant.
The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant.