judprocess3 - Judicial Process Lectures Speedy Trial Info...

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Judicial Process Lectures Speedy Trial Info Defendants in criminal cases, under the sixth Amendment, have the right to a speedy trial. The Supreme Court of the US laid down a four-part balancing test for determining whether the defendant's speedy trial right has been violated in the case of Barker v. Wingo . The first of factors recognized by the Court was the length of delay. A delay of a year or more from the date on which the speedy trial right "attaches" (the date of arrest or indictment, whichever first occurs) was termed "presumptively prejudicial", but the Court has never explicitly ruled that any absolute time limit applies. 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 or other practical considerations. 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
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This note was uploaded on 04/09/2008 for the course POLITICAL 381 taught by Professor Mcleod during the Spring '08 term at Rutgers.

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