What is the Barker factor to examine in determining whether a delay in obtaining a speedy trial has violated the Sixth Amendment?

MultiRegion, United States of America

The following excerpt is from United States v. Tigano, 880 F.3d 602 (2nd Cir. 2018):

The last Barker factor to examine is the prejudice to the defendant occasioned by the delay. Prejudice should be assessed in regard to those interests the Sixth Amendment right to a speedy trial is designed to protect, namely, "(i) to prevent oppressive pretrial incarceration; (ii) to minimize anxiety and concern of the accused; and (iii) to limit the possibility that the defense will be impaired." Barker , 407 U.S. at 532, 92 S.Ct. 2182. While the last factor is "the most serious," it is only one of three interests protected by the Sixth Amendment right to speedy trial. Id. Affirmative proof of impairment of the defense is not required in order to find a Sixth Amendment violation. See, e.g. , Doggett v. U.S. , 505 U.S. 647, 655, 112 S.Ct. 2686, 120 L.Ed.2d 520 (1992) ("affirmative proof of particularized prejudice is not essential to every speedy trial claim") (citation omitted).

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