What is the test to determine when a defendant has violated his right to a speedy trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Williams, 782 F.2d 1462 (9th Cir. 1986):

No per se test has been devised to determine when the right to a speedy trial has been violated. Instead, we apply a flexible "functional analysis" in weighing the various interests. Barker v. Wingo, 407 U.S. 514, 522, 92 S.Ct. 2182, 2187, 33 L.Ed.2d 101 (1972). We consider four factors in evaluating a Sixth Amendment speedy trial claim. See Id. at 530, 92 S.Ct. at 2191. These factors are:

(1) the length of delay;

(2) the reason for the delay;

(3) the defendant's assertion of the speedy trial right; and

(4) prejudice to the defendant.

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