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Speedy Trial Legislation

The right to a speedy trial is a constitutionally protected right, guaranteed by the Sixth Amendment of the United States Constitution, and made applicable to the states through the due process clause of the Fourteenth Amendment. The Sixth Amendment provides in part that “in all criminal prosecutions, the accused shall enjoy the right to a speedy trial.” This guarantee of a speedy trial is one of the most basic and fundamental rights preserved by the United States Constitution; its origin dates back to Chapter 40 of the Magna Carta of 1215, in which justice was not to be denied or delayed.

The Constitutional Right to a Speedy Trial

The right to a speedy trial protects three basic interests of our criminal justice system. This provision is “an important safeguard to prevent undue and oppressive incarceration prior to trial, to minimize anxiety and concern accompanying public accusation and to limit the possibility that long delay will impair the ability of an accused to defend himself” (Smith v. Hooey).

The first interest concerns pretrial incarceration. A defendant who is held in custody is unable to work and to provide for his or her family. Defendants are furthermore thwarted in their efforts to assist their counsel in preparing for their defense. The second interest concerns the public reaction to the defendant's arrest and criminal charges while awaiting trial. The public may have already formed an opinion as to the defendant's guilt, which could then adversely affect his or her employment and social relationships. The final interest is perhaps the most significant. The inability of a defendant to adequately prepare his or her case due to an excessive delay adversely affects the fundamental fairness of the criminal justice system. The passage of too much time may lead to witnesses dying, disappearing or memories fading.

Application of Speedy Trial Right

The general rule is that the right to a speedy trial applies only when a criminal prosecution has begun and extends only to those defendants who have been “accused” in the course of that prosecution. A person becomes “accused” at the time of his or her arrest or when a formal charge, either an indictment, an information, or some other formal charge, is filed against him or her.

Waiver of Speedy Trial Right

A defendant will be deemed to have waived his or her Sixth Amendment right of a speedy trial if he or she fails to make a timely motion to the trial court. If the defendant fails to do so and chooses instead to plead guilty or to go to trial, the defendant may not later raise a speedy trial violation for the first time on appeal.

Constitutional Balancing Test

A defendant's constitutional right to a speedy trial cannot be determined by a specific rule or a single factor. It cannot be quantified into a specific number of days or months. The court in Barker v. Wingo adopted a balancing test in determining whether the defendant's speedy trial rights have been violated. The court identified four such factors to be used in weighing the conduct of the prosecution and that of the defendant. They are (1) the length of the delay, (2) the reason for the delay, (3) the defendant's assertion of the right, and (4) prejudice to the defendant.

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