What is the test for whether a defendant has been denied a right to a speedy trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Levy, 936 F.2d 580 (9th Cir. 1991):

We reach the constitutional issue only because violation of the Sixth Amendment would require dismissal with prejudice. See Strunk v. United States, 412 U.S. 434, 439 (1972).

Four factors determine whether the sixth amendment's guarantee of a speedy trial has been violated: the length of the delay, the reason for the delay, whether the defendant asserted the right, and whether he was prejudiced by the government's denial of it. United States v. Sears, Roebuck and Co. Inc., 877 F.2d 734, 739 (9th Cir.1989). Unless the length of delay is presumptively prejudicial, we need not examine the other three factors. Id.

Other Questions


What is the test for determining whether a constitutional violation has been committed by the Court of Appeal when a defendant has been denied a right to a speedy trial? (MultiRegion, United States of America)
What is the second factor in determining whether a defendant's speedy trial right has been violated? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
Is a defendant denied his constitutional and common law rights to speedy trial and timely prosecution? ("New York", United States of America)
What are the factors used to determine whether a defendant has a right to a speedy trial? (MultiRegion, United States of America)
What is the test to determine whether a defendant has a right to a speedy trial? (MultiRegion, United States of America)
Does denial of a defendant's Sixth Amendment right to speedy trial require dismissal of an indictment? (MultiRegion, United States of America)
Does the right to a speedy trial in a civil case apply to the other rights secured by the sixth amendment? (MultiRegion, United States of America)
Does a defendant who is in custody have the right to waive his right to be present at trial? (MultiRegion, United States of America)
What is the test to determine when a defendant has violated his right to a speedy trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.