speedy trial

The right of the accused to a speedy trial is guaranteed by the Sixth Amendment of the Constitution and such right is implemented by 18 U.S.C.A. No. 3161 et seq. and Fed.R.Crim.P. 50. Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101, lists four factors to be considered in determining whether delay was unreasonable:

(1) Length of delay;

(2) the government's justification for the delay;

(3) whether and how the defendant asserted his right to a speedy trial; and

(4) prejudice caused by the delay, such as lengthened pretrial incarceration. A trial had as soon after indictment as prosecution, with reasonable diligence, can prepare for it; a trial according to fixed rules, free from capricious and oppressive delays, but the time within which it must be had to satisfy the guaranty depends on the circumstances. Bryant v. State, 4 Md.App. 572, 244 A.2d 446, 448.

What constitutes a "speedy trial" depends on circumstances of each case. Ferguson v. People, 160 Colo. 389, 417 P.2d 768, 769.

See prejudice (speedy trial); Speedy Trial Act.

@ Speedy Trial Act

Federal Act of 1974 establishing a set of time limits for carrying out the major events (e.g. information, indictment, arraignment) in the prosecution of federal criminal cases. 18 U.S.C.A. No. 3161 et seq.

In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial. 18 U.S.C.A. No. 3161(a).

See also Fed.R.Crim.P. 50

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