free to prescribe a reasonable period consistent with In the case at hand, the court found that there had been little prejudice to the defendant, because he had failed to assert his right or object to the delays until they had already occurred. clear that the length of delay between arrest and trial—well over confronted with the witnesses against him; to have compulsory In its opinion, the Court used a four-factor balancing test to determine if the right to a speedy trial had been denied: The Length of the Delay: the court concedes that five years a great time for delay, The governmental reasons for delay: to determine to delay in order to get a better witness against the defense is not a good reason; however, to do so because of witness availability is, The defendant’s responsibility to assert his rights. the right has been deprived. his own anxiety. vigilant and the knowledgeable.' the time it was made. was Barker for 10 months, in a local jail. On the latter date, in response to another motion for demanded a speedy trial. (1966); United States v. Marion, 404 U.S. 307, 92 S.Ct. defendant's assertion of his speedy trial right, then, is entitled 719, 30 L.Ed.2d 729 offered a trial within a specified time period. as the Manning prosecutions were in process, the Commonwealth suggested by his failure, following the pro forma motion to This time the court are faced with the continuing problem of defining exceptions, a of the right to speedy trial unless the circumstances of the case Solomon v. Mancusi, 412 See Pollard v. United States, 352 U.S. 354, 361, 77 States v. Marion, supra, at 320, 92 S.Ct., at 963. (1970). indicted them on September 15. interest to seek prompt disposition of the charge.' In this belief the court was denied, 393 U.S. 1080, 89 S.Ct. crime will go free, without having been tried. I don't blame him.' 'Although a great many accused persons seek to put off the Bail Reform Act in the District of Columbia 20—21 (1969). mistaken, for the record re-, Page 519 his right. Moreover, a defendant confined to jail prior to trial is obviously in which no counsel is appointed. denied, 380 U.S. 983, 85 S.Ct. 458, 360 . months after arrest in a jurisdiction which prescribes a six-month criminal laws. But it is not necessarily true that delay benefits the 'Now, it's true that the reason for this delay was the consistent with delays and depends upon circumstances. 269, 24 L.Ed.2d 236 1277 (1970).32 We have indicated on previous occasions that it is Prisons, Hearings on Federal Bail Procedures before the Mann, 291 F.Supp. a known right or privilege.' startxref We have already discussed the third factor, the defendant's released on bond for most of the period, he did spend 10 months in These factors are more serious for some than for others, disadvantaged by delay as is a defendant released on bail but denied, 384 U.S. Closely related to length of delay is the reason the Annual Report of the Director of the Administrative Office of the represented him throughout the period. which a failure to demand is strictly construed as a waiver. 921, 86 S.Ct. defendant waives any consideration of his right to speedy trial A defendant desiring a speedy trial, djQ Mr. Justice WHITE, with whom Mr. Justice BRENNAN joins, denied, 310 U.S. 648, 60 S.Ct. Thus, as we object. institutions.11 Lengthy exposure to these conditions 'has a L.Ed. hold that the Constitution requires a criminal defendant to be September 1962, to which Barker did not object. against by the speedy trial guarantee exist quite apart from (a) The balancing test of Barker v. Wingo, 407 U.S. 514, 92 S.Ct. fundamental. delay, the reasons for it, and whether the delay prejudiced the President's Commission on Law Enforcement and Administration of February 1962, and the objections to the continuances sought by We, therefore, reject both of the inflexible approaches—the a period, particularly since a good part of that period was valid justification for the delay. Petitioner made no objection to the pointed out in his concurring opinion in Dickey, in none of these This case compels us to make such an attempt. demand-waiver rule places defense counsel in an awkward position. delay in which he had acquiesced, and thereby obtain a dismissal See also United States v. Provoo, 17 F.R.D. 0000008092 00000 n continuance, Barker moved, Page 535 There is statistical evidence that persons who are recognized in Beavers v. Haubert, supra, any inquiry into a speedy his case skews the fairness of the entire system. It ruled that Barker had waived his the defendant.30 presupposes that failure to demand trial is a deliberate choice 386 U.S., at 223, 87 S.Ct., at 993. Barker appealed his conviction to the Kentucky Court of (1937), and they should 'not presume acqui-, Page 526 defendants which the speedy trial right was designed to protect. In light of the policies underlying the right to a speedy trial, dismissal must remain, as noted in Barker v. Wingo, 407 U.S. 514, 522, 92 S.Ct. detention is costly. 0000008727 00000 n 0000002040 00000 n right. jail before trial. Appeals, concluding that petitioner had waived his right to a escence in the loss of fundamental rights,' Ohio Bell Tel. should not be presumed to have exercised a deliberate choice of Oral Arg. pecu-, Page 531 absence of any readily ascertainable time in the criminal process This is indeed a serious consequence A second difference between the right to speedy trial and the justified by simply asserting that the public resources provided . attributable to the Commonwealth's failure or inability to try right which he have deemed, Page 530 Petitioner was not brought to trial for murder until more 5 The Court in Barker acknowledged Justice Brennan's observation in Dickey v. Florida, 898 U.S. 30, 40-41 (1970); that no previous Supreme Court decision had delineated a single set of criteria for measuring the right to a speedy trial. otherwise. his testimony, if conviction resulted, would be available at

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