What is the effect of the Barker factor in determining whether a defendant has a right to speedy trial?

California, United States of America


The following excerpt is from Craner v. City of S.F., A142748 (Cal. App. 2015):

prejudice) reduces. Where the government (i.e. the People) presents some excuse or justification for the delay, courts will tolerate longer periods of delay. . . ." (Leaututufu v. Superior Court (2011) 202 Cal.App.4th Supp. 1, 9.) No single Barker factor is "either a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial. Rather, they are related factors and must be considered together with such other circumstances as may be relevant. In sum, these factors have no talismanic qualities; courts must still engage in a difficult and sensitive balancing process." (Barker, supra, 407 U.S. at p. 533.)

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