Barker v. Wingo
- Decided
- June 22, 1972
- Docket
- 71-5255
- Status
- Published
- Jurisdiction
- Federal
Cited 12,108 timesNo negative treatment found in this library
What later courts said
- holding that “the primary burden [is] on the courts and the prosecutors to assure that cases are brought to trial” — State v. Brillon (2008)
- holding that none of the factors alone is sufficient to establish a violation and that all must be considered together — State v. Spivey (2003)
- holding that none of the four factors is “either a necessary or sufficient condition” to a finding of deprivation of speedy trial right — Graves v. United States (1984)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Me. Justice Powell delivered the opinion of the Court.
Although a speedy trial is guaranteed the accused by the Sixth Amendment to the Constitution,[1] this Court has dealt with that right on infrequent occasions. See Beavers v. Haubert, 198 U. S. 77 (1905); Pollard v. United States, 352 U. S. 354 (1957); United States v. Ewell, 383 U. S. 116 (1966); United States v. Marion, 404 U. S. 307 (1971). See also United States v. Provoo, 17 F. R. D. 183 (D. Md.), aff’d, 350 U. S. 857 (1955). The Court’s opinion in Klopfer v. North Carolina, 386 U. S. 213 (1967), established that the right to a sjoeedy trial is “fundamental” and is imposed by the 'Due Process Clause of the Fourteenth Amendment on the States.[2] See Smith v. Hooey, 393 U. S. 374 (1969); Dickey v. Florida, 398 U. S. 30 (1970). As Mr. Justice Brennan [*516] pointed out in his concurring opinion in Dickey, in none, of these cases have we attempted to set out the criteria-}?y which the speedy trial right is to be judged. 398 U. S., at 40-41. This case compels us to make such an attempt.
I
Cite this
Barker v. Wingo, 407 U.S. 514 (1972)Read the full opinion
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