Barker v. Wingo

Barker v. Wingo
Supreme Court of the United States
Argued April 11, 1972 Decided June 22, 1972
Full case name	Willie Barker v. Wingo, Warden
Citations	407 U.S. 514 (more) 92 S. Ct. 2182, 33 L. Ed. 2d 101
Prior history	Certiorari to the United States Court of Appeals for the Sixth Circuit
Holding
Determinations of whether the Sixth Amendment right to a speedy trial has been violated must be done on a case-by-case basis.
Court membership
Chief Justice Warren E. Burger Associate Justices William O. Douglas · William J. Brennan, Jr. Potter Stewart · Byron White Thurgood Marshall · Harry Blackmun Lewis F. Powell, Jr. · William Rehnquist
Case opinions
Majority	Powell, joined by unanimous court
Concurrence	White, joined by Brennan

Barker v. Wingo, 407 U.S. 514 (1972), was a case in which the United States Supreme Court held that determinations of whether or not the Sixth Amendment right to a speedy trial for defendants in criminal cases must be made on a case-by-case basis. One factor recognized by the Court was the length of delay, but the Supreme Court has never explicitly ruled that some particular time limit must apply. Another factor recognized by the Court was the reason for the delay. The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness. The other factors to be considered are the time and manner in which the defendant has asserted his right, and the degree of prejudice to the defendant which the delay has caused. If it is found that a defendant's right to a speedy trial was violated, then the indictment must be dismissed and/or the conviction overturned. A reversal or dismissal of a criminal case on speedy trial grounds means that no further prosecution for the alleged offense can take place.

See also

• List of United States Supreme Court cases, volume 407
• Continuance

Further reading

• Brooks, Brian P. (1994). "A New Speedy Trial Standard for Barker v Wingo: Reviving a Constitutional Remedy in an Age of Statutes". University of Chicago Law Review 61 (2): 587–611. JSTOR 1600046. 
• Rudstein, David Stewart (1975). "The Right to a Speedy Trial: Barker v. Wingo in the Lower Courts". University of Illinois Law Forum 1975 (1): 11–58. 
• Uviller, H. Richard (1972). "Barker v. Wingo: Speedy Trial Gets a Fast Shuffle". Columbia Law Review 72 (8): 1376–1402. JSTOR 1121490. 

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