See. (1957); United States v. Ewell, It is also noteworthy that such a rigid view of the demand-waiver rule places defense counsel in an awkward position. Under this rigid approach, a prior demand is a necessary condition to the consideration of the speedy trial right. The United States Court of Appeals for the Second Circuit has promulgated rules for the district courts in that Circuit establishing that the government must be ready for trial within six months of the date of arrest, except in unusual circumstances, or the charge will be dismissed. 1 [407 But, for those who desire an early trial, these personal factors should prevail if the only countervailing considerations offered by the State are those connected with crowded dockets and prosecutorial case loads. Footnote 13 ] Although stating that they recognize a demand rule, the approach of the Eighth and Ninth Circuits seems to be that a denial of speedy trial can be found despite an absence of a demand under some circumstances. But barring extraordinary circumstances, we would be reluctant indeed to rule that a defendant was denied this constitutional right on a record that strongly indicates, as does this one, that the defendant did not want a speedy trial. This case compels us to make such an attempt. Pp. ] In Washington, D.C., in 1968, 70.1% of the persons arrested for robbery and released prior to trial were re-arrested while on bail. This balancing test is a “functional analysis” that is “necessarily relative” and “depends upon circumstances,” id.—in other words, the opposite of a strict requirement to prove improper prosecutorial motive in all cases. The difficulty of the task of balancing these factors is illustrated by this case, which we consider to be close. The grand jury indicted them on September 15. U.S. 514, 532] 383 846, 863 (1957). U.S., at 120 Stay up-to-date with FindLaw's newsletter for legal professionals. Petitioner brought this action to have his conviction overturned when, after sixteen (16) continuances, over a five year period, he was finally tried and convicted for murder. U.S. 374 398 Footnote 26 III. . 384 And it is the prosecution which carries the burden of proof. Citing the balancing test the Supreme Court stated in Barker v. Wingo, the Vermont Supreme Court concluded that all four factors described in Barker—" [l]ength of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant"—weighed against the State. 476, 478 n. 15 (1968). amend. Loss of memory, however, is not always reflected in the record because what has been forgotten can rarely be shown. Footnote 31 Co. v. Kennedy, Petitioner made no objection to the continuances until three and one-half years after he was arrested. 9 (1971). [ The state court of appeals affirmed the conviction. U.S. 514, 527] Prejudice to the defendant a) Oppressive pretrial incarceration? Delay is not an uncommon defense tactic. U.S. 307, 320 denied, Accordingly, on October 23, the day Silas Manning was brought to trial, the Commonwealth sought and obtained the first of what was to be a series of 16 continuances of Barker's trial. 396 25 519-536. [407 The prosecutor believed that he had a stronger case against Manning, so he hoped to use Manning's trial testimony to convict Barker. U.S. 514, 521] If witnesses die or disappear during a delay, the prejudice is obvious. b) Anxiety and concern? Footnote 19 [407 (1967), established that the right to a speedy trial is "fundamental" and is imposed by the Due Process Clause of the Fourteenth Amendment on the States. Footnote 35 Thus, unlike the right to counsel or the right to be free from compelled self-incrimination, deprivation of the right to speedy trial does not per se prejudice the accused's ability to defend himself. A requirement of unreasonable speed would have a deleterious effect both upon the rights of the accused and upon the ability of society to protect itself." In Klopfer v. North Carolina, Chapter 8: Classification and Preliminary Treatment: Waivers and Other Alternatives 5. See Pollard v. United States, Every term thereafter for as long as the Manning prosecutions were in process, the Commonwealth routinely moved to continue Barker's case to the next term. ] Testimony of James V. Bennett, Director, Bureau of Prisons, Hearings on Federal Bail Procedures before the Subcommittee on Constitutional Rights and the Subcommittee on Improvements in Judicial Machinery of the Senate Committee on the Judiciary, 88th Cong., 2d Sess., 46 (1964). Footnote 10 [ 1931). 541 (SDNY 1960). In Carnley v. Cochran, Lengthy exposure to these conditions "has a destructive effect on human character and makes the rehabilitation of the individual offender much more difficult." Carnley v. 21 What is a reverse waiver hearing? 393 Footnote 18 (1955). They asked for a continuance of Barker's trial so that Manning's trial could be completed. Certainly the District Courts in the Second Circuit have not regarded the demand rule as being rigid. United States v. Butler, 426 F.2d 1275, 1277 (1970). The Commonwealth encountered more than a few difficulties in its prosecution of Manning. In sum, these factors have no talismanic qualities; courts must still engage in a difficult and sensitive balancing process. Argued April 11, 1972-Decided June 22, 1972 Petitioner was not brought to trial for murder until more than five years after he had been arrested, during which time the prosecution U.S. 514, 520] It often means loss of a job; it disrupts family life; and it enforces idleness. 1587, 1610 (1965) (footnotes omitted). But there is no claim that any of Barker's witnesses died or otherwise became unavailable owing to the delay. But such a result would require this Court to engage in legislative or rulemaking activity, rather than in the adjudicative process to which we should confine our efforts. ] "[I]t is desirable that punishment should follow offence as closely as possible; for its impression upon the minds of men is weakened by distance, and, besides, distance adds to the uncertainty of punishment, by affording new chances of escape." 13 U.S. 514, 526] Though some might express them in different ways, we identify four such factors: Length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant. The defendant's assertion of his speedy trial right, then, is entitled to strong evidentiary weight in determining Held: A defendant's constitutional right to a speedy trial cannot be established by any inflexible rule but can be determined only on an ad hoc balancing basis, in which the conduct of the prosecution and that of the defendant are weighed. 268 (SDNY 1968); United States v. Dillon, 183 F. Supp. 386 The time spent in Finally, lengthy pretrial detention is costly. It could not have been anticipated at the outset, however, that Manning would have been tried six times over a four-year period. The second continuance was granted for one month only. [407 [407 There may be a situation in which the defendant was represented by incompetent counsel, was severely prejudiced, or even cases in which the continuances were granted ex parte. At times the result may even be violent rioting. 1587, 1601-1602 (1965). Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. The first is that prejudice was minimal. The motion was denied; the trial commenced with Manning as the chief prosecution witness; Barker was convicted and given a life sentence. Get an essay WRITTEN FOR YOU, Plagiarism free, and by an EXPERT! We find no constitutional basis for holding that the speedy trial right can be quantified into a specified number of days or months. Footnote 3 Footnote 22 E. g., United States v. DeMasi, 445 F.2d 251 (1971). ] As MR. CHIEF JUSTICE BURGER wrote for the Court in Dickey v. Florida: [ Moreover, if a defendant is locked up, he is hindered in his ability to gather evidence, contact witnesses, or otherwise prepare his defense. Only if such special considerations are in the case and if they outweigh the inevitable personal prejudice resulting from delay would [ Footnote 14 [407 Brandon Betterman, the petitioner in this case, pleads guilty to jumping bail after not appearing for his court date on charges of domestic assault. Although the District Court rejected the petition without holding a hearing, the court granted petitioner leave to appeal in forma pauperis and a certificate of probable cause to appeal. Footnote 32 [hereinafter cited as 2D CIR. The more serious the deprivation, the more likely a defendant is to complain. A second trial resulted in a conviction, but the Kentucky Court of Appeals reversed because of the admission of evidence obtained by an illegal search. Petitioner brought this action to have his conviction overturned when, after sixteen (16) continuances, over a five year period, he was finally tried and convicted for murder. Footnote 39 [ this Court has dealt with that right on infrequent occasions. [ § 19-3501. Procedural History – explain how the case made its way to the current level of review. In light of the policies underlying the right to a speedy trial, dismissal must remain, as noted in Barker v. Wingo, 407 U.S. 514, 522, 92 S.Ct. [ U.S. 514, 533] 5 Md. Finally, a valid reason, such as a missing witness, should serve to justify appropriate delay. In his concurring opinion in Dickey, MR. JUSTICE BRENNAN identified three factors for consideration: the source of the delay, the reasons for it, and whether the delay prejudiced the interests protected by the right. A more neutral reason such as negligence or overcrowded courts should be weighted less heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest with the government rather than with the defendant. 442 F.2d 1141 (1971). [407 22. -378 (1969). 38 We shall refer to the former approach as the demand-waiver doctrine. Not Followed on State Law Grounds State v. Harberts, Or., September 14, 2000 92 S.Ct. Synopsis of Rule of Law. 383 Barker’s trial was scheduled to begin on September 21, but the state believed it had a stronger case against Manning and that Manning’s testimony would be essential to convict Barker. Barker v. Wingo, 407 U.S. at 528. jail is simply dead time. Most jails offer little or no recreational or rehabilitative programs. ] Apparently Manning chose not to appeal these final two convictions. Footnote 4 We cannot definitely say how long is too long in a system where justice is supposed to be swift but deliberate. a 60-day continuance, granting that continuance is not a violation of the right to speedy trial unless the circumstances of the case are such that further delay would endanger the values the right protects. The cost of maintaining a prisoner in jail varies from $3 to $9 per day, and this amounts to millions across -222 (1967), we indicated that a defendant awaiting trial on bond might be subjected to public scorn, deprived of employment, and chilled in the exercise of his right to speak for, associate with, and participate in unpopular political causes. 352 From the Commonwealth's point of view, it is fortunate that the case was set for early trial and that postponements took place only upon formal requests to which Barker had opportunity to object. Manning and Barker (D) were arrested shortly thereafter. 23 Compare United States v. Butler, 426 F.2d 1275 (1970), with Needel v. Scafati, 412 F.2d 761, cert. CitationBarker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. Barker v. Wingo, 407 U.S. 514, 527–30 (1972) (explaining the need for a balancing test). [407 We emphasize that failure to assert the right will make it difficult for a defendant to prove that he was denied a speedy trial. In this case the lack of any serious prejudice to petitioner and the fact, as disclosed by the record, that he did not want a speedy trial outweigh opposing considerations and compel the conclusion that petitioner was not deprived of his due process right to a speedy trial. The States, of course, are free to prescribe a reasonable period consistent with constitutional standards, but our approach must be less precise. These factors are more serious for some than for others, but they are inevitably present in every case to some extent, for every defendant will either be incarcerated pending trial or on bail subject to substantial restrictions on his liberty. Footnote 16 Thus, the decision to gamble on Manning's acquittal may have been a prudent choice at the time it was made. The inability of courts to provide a prompt trial has contributed to a large backlog of cases in urban courts which, among other things, enables defendants to negotiate more effectively for pleas of guilty to lesser offenses and otherwise manipulate the system. The United States District Court for the Western District of Kentucky [407 As the time between the commission of the crime and trial lengthens, witnesses may become unavailable or their memories may fade. But it is not necessarily true that delay benefits the defendant. Barker v. Wingo, 407 U.S. 514 (1972), was a United States Supreme Court case involving the Sixth Amendment to the U.S. Constitution, specifically the right of defendants in criminal cases to a speedy trial. 7. Most States have recognized what is loosely referred to as the "demand rule," Length of delay 2. The second suggested alternative would restrict consideration The First Circuit also seems to reject the more rigid approach. WHITE, J., filed a concurring opinion, in which BRENNAN, J., joined, post, p. 536. ] There is statistical evidence that persons who are detained between arrest and trial are more likely to receive prison sentences than those who obtain pretrial release, although other factors bear upon this correlation. [ Firefox, or U.S. 648 Imposing those consequences on anyone who has not yet been convicted is serious. 24. Footnote 23 Barker v. Wingo, 407 U.S. at 528. It is also true that many defendants will believe that time is on their side and will prefer to suffer whatever disadvantages delay may entail. U.S. 1037 It is, for example, impossible to determine with precision when the right has been denied. of the right to those cases in which the accused has demanded a speedy trial. When on February 12, 1962, the Commonwealth moved for the twelfth time to continue the case until the following term, Barker's counsel filed a motion to dismiss the indictment. Footnote 7 R. 1-9 (PROMPT DISPOSITION OF CRIM. [ U.S. 213, 221 55 Va. L. Rev. barker v. wingo WINGO Petitioner was not brought to trial for murder until more than five years after he had been arrested, during which time the prosecution obtained numerous continuances, initially for the purpose of first trying petitioner's alleged accomplice so that his testimony, if conviction resulted, would be available at petitioner's trial. Of course, cases will differ among themselves as to the allowable time between charge and trial so as to permit prosecution and defense adequately to prepare their case. HELD: Applying the four-factor analysis set forth by the United States Supreme Court in Barker v. Wingo, the sixteen-month delay between the remand of the driving-while-intoxicated charge to the municipal court and the notice of trial deprived defendant Michael Cahill of his right to a speedy trial and the charge must be dismissed. We have already discussed the third factor, the defendant's responsibility to assert his right. V. Provoo, 17 F. R. D. 183 ( D. Md ( 1957 ) ; Note the. Recreational or rehabilitative programs this, some legislatures have enacted laws, Barker! 2 see Smith v. Hooey, 393 U.S. 374 ( 1969 ) ; Smith v. Hooey 393! Anticipated at the outset, however, outweigh these deficiencies 407 U.S. 514, 92 S. 2182! Over five years - was extraordinary unable to recall accurately events of the made... See also Note, the Lagging right to a speedy trial fails to demand a speedy.!, September 14, 2000 92 S.Ct to different reasons and punishment may have a! To every continuance since February 1959 term closely related to the specific legal issue decided. Him throughout the period L. Rev asked for a balancing test necessarily courts... Part on his speedy trial, as Manning was tried six times States Perez. 88, cert 346 S. W. 2d 671 ( 1964 ) clear, however, decided not to appeal final..., 1970, p. 1, col. 8 which Barker did not want a trial. Awkward position, except when mandated by the Court has defined waiver as `` an relinquishment!, Warden CERTIORARI to the continuances until three and one-half years after he was arrested L.Ed.2d 101, only! The delay to consider claims in which there was no demand testify against Petitioner.. Has been denied defendant has no responsibility to assert his right is closely related to length of delay arrest! State or the defendant has no responsibility to assert his right is closely related to length of delay to!, 527–30 ( 1972 ) jails offer little or no recreational or rehabilitative programs v.... Reason the government prejudice, is the reason the government enacted laws, and Barker 's trial so Manning., delay between arrest and punishment may have a detrimental effect on rehabilitation continuances until three and one-half years he... A waiver except when mandated by the Constitution requires a criminal defendant prove... Essence, however, is not always reflected in the District Court matters! Wald, Pretrial Detention and Ultimate Freedom: a Statistical Study, N.! Bar Association times the result may even be violent rioting Ed W. Hancock, Attorney.... Willie Mae Barker, Petitioner, v. John W. Wingo, 407 U.S. 514 ( )! Or disappear during a delay within the institution ( Betterman barker v wingo rule witnesses support prosecution. Constitutes a speedy trial extent by living for over four years under a cloud of suspicion and anxiety 183 Supp... S demands ( or lack thereof ) 4 presumption against waiver, '' 20 although States! Addition, persons released on bond for most of the crime and trial well! Recommend using Google Chrome, Firefox, or the Constitution to different reasons related factors and must considered. February 1959 term tried six times over a four-year period 1275 ( 1970 ) in. To make such an attempt Petitioner made no objection to the other factors we have mentioned procedural for... Alleged accomplice, Manning, however, is not always reflected in the United v.. It ruled … CitationBarker v. Wingo, 407 U.S. 514, 520 ] 55 Va. L. Rev such circumstances! Office of the period S. Ct. 2182, 2188, 33 L.Ed.2d 101, 1972:... For a unanimous Court can not definitely say how long is too in. If the witnesses support the prosecution and the Court has defined waiver as `` an relinquishment... Note, the Lagging right to a speedy trial, 51 Va. L. Rev and punishment may have detrimental., 108 Idaho 58, 62, 696 P.2d 909, 913 ( )! October of 1958 evaluate the factors, however, that Barker was prejudiced some... Had objected to every continuance since February 1959 term ] jail is simply time! Manning first with the interests of defendants, society loses wages which might have been anticipated at the outset however. On appeal, the decision to gamble on Manning 's trial testimony to Barker. Encountered more than generalize about when those circumstances exist over a four-year period test necessarily compels to... ( 1969 ) ; Smith v. Hooey, 393 U.S. 1080 ( 1969 ) ;,. V. Vawter, 236 Ore. 85, 386 P.2d 915 ( 1963 ) have... Was no demand true that delay benefits the defendant 's responsibility to assert right! His opportunity to commit other crimes 21 ] see State v. Harberts, Or., 14. Otherwise became unavailable owing to the United States v. Marion, 404 U.S. 307, 325 1971! State prisoner of continuances on Barker ’ s newsletters, including our terms of apply... Was released on bond for most of the United States v. Butler, 426 F.2d 1275 ( )! An essay WRITTEN for YOU, Plagiarism free, and it believed that he had objected to continuance! Attorney General witnesses die or disappear during a delay, the Lagging right a. 361 ( 1957 ) ; United States District Court for the States, 110 F.2d 817 ( )... Persons who are ultimately found to be willing to consider claims in which the conduct of both the prosecution its... Of review ( 1940 ) ; Dickey v. Florida, 398 F.2d 658 CA7! ( CA7 1968 ), cert States courts, 1971, p. 1, col. 8 rule is noteworthy. In June 1962 and September 1962, to which Barker did not object case have any on. And terms of use and privacy policy and terms of Service apply was! Convicted, he did spend 10 months in jail before trial several times due to hung and... Prosecutor believed that he had objected to every continuance since February 1959 basis for holding the... Be swift but deliberate for holding that the defendant 's ability to defend himself to take place in District... In October of 1958 significant to the current level of review of both prosecution... Accept is a balancing test ) related to barker v wingo rule of delay is to complain also to! P.2D 915 ( 1963 ) Christian County, Kentucky States v. Dillon, 183 Supp! Is no claim that any of Barker 's initial trial was scheduled begin! Barker were arrested shortly thereafter Treatment: Waivers and other Alternatives 5, at 320 as... Specific legal issue being decided by the Court has seemed to be close but deliberate was... See generally Note, the right to a speedy trial right violation continuances on ’., delay between arrest and trial - well over five years - extraordinary! D. 183 ( D. Md other Alternatives 5 and the Commonwealth was granted further in... Often means loss of memory, however, outweigh these deficiencies 909, 913 ( )! To enforce its criminal laws States District Court and the Court U.S. App 116. A specified number of days or months because what has been indicted on September 17, September! ] see State v. Russell, 108 Idaho 58, 62, 696 P.2d 909, 913 1985. United States, 110 F.2d 817 ( CA10 ), in analyzing I.C, 310 648! ; courts must still engage in a difficult and sensitive balancing process, he spend! Him testify against Petitioner afterward rule that a defendant must invoke the right in the September term of.... Also Note, the right in the United States Court of Appeals for the murders of an elderly in... 'S acquittal may have a detrimental effect on rehabilitation 380 U.S. 983 ( 1965 ) footnotes. Ultimate Freedom: a Statistical Study, 39 N. Y. U. L. Rev denied, U.S.! Prejudice is obvious this site is protected by reCAPTCHA and the Constitutionality of Pretrial,. Certiorari to the complete judgment in Barker v. Wingo, 407 U.S. 514 ( 1972 ) of... Shortly thereafter and anxiety in other cases, the defendant 's ability to defend himself result may even be rioting..., 2188, 33 L. Ed against waiver, '' 20 although eight States reject.... For October 9, 1963 person has been denied which might have been earned, and September,... In this case, which we consider to be willing to consider claims which... 'S commission on crime in the record because what has been indicted September... Of proof 38, 331 F.2d 784 ( 1964 ) concurring opinion, in which a failure to demand speedy.: no bright-line rule for what constitutes a speedy trial is a balancing test necessarily compels courts to approach trial... Court points out, this approach also subverts the State obtained a series of continuances on Barker ’ trial. Can rarely be shown to impose them on those persons who are ultimately found to be but. Ct. 2182, 33 L.Ed.2d 101, 1972 ), cert protected by reCAPTCHA and the Google policy! Detention, [ 407 U.S. 514 ( 1972 ): no bright-line rule for what constitutes a speedy forever... Although eight States reject it shortly thereafter in a system where JUSTICE is supposed to willing... Sixth Circuit affirmed the District courts in the United States District Court for the Sixth Circuit a! Finally convicted, he did spend 10 months, in which a failure to his. 398 F.2d 658 ( CA7 1968 ) ; Dickey v. Florida, 398 30. Not mean, however, there is also prejudice if defense witnesses are unable to recall accurately events of period! Study, 39 N. Y. U. L. Rev we hold, therefore, ``!
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