Barker v. Wingo

Infobox SCOTUS case
Litigants=Barker v. Wingo
ArgueDate=April 11
ArgueYear=1972
DecideDate=June 22
DecideYear=1972
FullName=Barker v. Wingo, Warden
USVol=407
USPage=514
Citation=
Prior=
Subsequent=
Holding=Determinations of whether the Sixth Amendment right to a speedy trial has been violated must be done on a case-by-case basis.
SCOTUS=1972-1975
Majority=Powell
JoinMajority=unanimous court
Concurrence=White
JoinConcurrence=Brennan
Concurrence2=
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Concurrence/Dissent=
JoinConcurrence/Dissent=
Dissent=
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Dissent2=
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LawsApplied=

"Barker v. Wingo", 407 U.S. 514 (1972)ref|citation, 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 has been denied, 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.

ee also

*List of United States Supreme Court cases, volume 407
*continuance

External links

*ussc|407|514|1972 Full text opinion from Findlaw.com