Thursday, January 5, 2012

What is your position about these cases.?

In 1971, the case of Barker v. Wingo was a case in which the Supreme Court held that determinations of whether the right has been denied must be made on a case-by-case basis. A defendant's constitutional right to a speedy trial cannot be established by any inflexible rule but can be determined only on an ad hoc balancing basis, in which the conduct of the prosecution and that of the defendant are weighed. The court should ess such factors as the length of and reason for the delay, the defendant's ertion of his right, and prejudice to the defendant. In this case the lack of any serious prejudice to petitioner and the fact, as disclosed by the record, that he did not want a speedy trial outweigh opposing considerations and compel the conclusion that petitioner was not deprived of his due process right to a speedy trial.

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