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Barker v. Wingo
From Wikipedia, the free encyclopedia
| Barker v. Wingo | |||||||||
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| Argued April 11, 1972 Decided June 22, 1972 |
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| Holding | |||||||||
| Determinations of whether the Sixth Amendment right to a speedy trial has been violated must be done on a case-by-case basis. | |||||||||
| Court membership | |||||||||
| Chief Justice: Warren E. Burger Associate Justices: William O. Douglas, William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis Franklin Powell, Jr., William Rehnquist |
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| Case opinions | |||||||||
| Majority by: Powell Joined by: unanimous court Concurrence by: White Joined by: Brennan |
Barker v. Wingo, 407 U.S. 514 (1972), 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.
- ↑ Full text opinion from Findlaw.com
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