marion argued november decided december appellees claiming government known crimes charged circumstances crimes appellees identities three years indicted moved dismiss ground indictment returned unreasonably oppressive unjustifiable time alleged offenses delay deprived rights due process law speedy trial secured fifth sixth amendments asserting specific prejudice appellees contended indictment required memory many specific acts conversations occurring several years delay due prosecutor negligence indifference investigating case presenting grand jury district hearing granted appellees motion dismissed indictment lack speedy prosecution found defense bound seriously prejudiced delay government took direct appeal postponed consideration question jurisdiction hearing merits held motion dismiss indictment lack speedy trial nature confession avoidance constituted motion bar appellees placed jeopardy district entered order dismissal order therefore directly appealable former pp sixth amendment guarantee speedy trial applicable person accused crime case occur appellees previously arrested otherwise charged indicted pp relevant statute limitations provides safeguard possible prejudice resulting delay appellees indicted within applicable limitations period pp though due process clause may provide basis dismissing indictment defense show trial prosecutorial delay prejudiced right fair trial appellees claimed proved actual prejudice resulting delay due process claims therefore speculative premature pp white delivered opinion burger stewart blackmun joined douglas filed opinion concurring result brennan marshall joined post deputy solicitor general greenawalt argued cause briefs solicitor general griswold assistant attorney general wilson acting assistant attorney general petersen beatrice rosenberg mervyn hamburg thomas penfield jackson argued cause appellees filed brief appellee marion benjamin wright cotten filed brief appellee cratch alan cole isaac groner filed brief national association criminal defense lawyers amicus curiae urging affirmance justice white delivered opinion appeal requires us decide whether dismissal federal indictment constitutionally required reason period three years occurrence alleged criminal acts filing indictment april two appellees indicted charged counts operating business known allied enterprises engaged business selling installing home improvements intercom sets fire control devices burglary detection systems allegedly business fraudulently conducted involved misrepresentations alterations documents deliberate nonperformance contracts period covered indictment march february earliest specific act alleged occurred september latest january may appellees filed motion dismiss indictment failure commence prosecution alleged offenses charged therein within time afford rights due process law speedy trial fifth sixth amendments constitution evidence submitted motion arguments counsel hearing motion appears allied enterprises subject federal trade commission order february series articles appeared washington post october reporting results newspaper investigation practices employed home improvement firms allied articles also contained purported statements attorney district columbia describing office investigation firms predicting indictments soon forthcoming although statements attributed attorney mention allied specifically company mentioned course newspaper stories summer request attorney office allied delivered certain records office interview appellee marion discussed conduct officer allied enterprises grand jury indicted appellees impaneled september appellees informed grand jury concern march indictment finally handed april appellees moved dismiss indictment returned unreasonably oppressive unjustifiable time alleged offenses argued indictment required memory many specific acts conversations occurring several years contended delay due negligence indifference attorney investigating case presenting grand jury specific prejudice claimed demonstrated district judge dismissed indictment lack speedy prosecution conclusion hearing remarked since government must become aware relevant facts defense case bound seriously prejudiced delay least three years bringing prosecution brought latest early appealed directly pursuant supp postponed consideration question jurisdiction hearing merits case hold jurisdiction merits reverse judgment district prior recent amendment supp authorized appeal criminal case district sustained motion bar defendant put jeopardy plain us appeal within purview section appellees placed jeopardy district rendered judgment trial judge based ruling undue delay prior indictment matter beyond power government cure since permissible ruling motion dismiss rested grounds nothing guilt innocence truth allegations indictment rather plea nature confession avoidance defendant deny committed acts alleged acts crime instead pleads prosecuted extraneous factor running statute limitations denial speedy trial see weller motion rested constitutional grounds exclusively neither motion arguments counsel oral opinion judgment mentioned federal rule criminal procedure ground dismissal jurisdiction hear appeal satisfactorily established ii appellees claim sixth amendment violated delay return indictment dismissal instead claim rights speedy trial violated period approximately three years end criminal scheme charged return indictment argued delay substantial inherently prejudicial sixth amendment required dismissal indictment view however sixth amendment speedy trial provision application putative defendant way becomes accused event occurred case appellees indicted april sixth amendment provides criminal prosecutions accused shall enjoy right speedy public trial face protection amendment activated criminal prosecution begun extends persons accused course prosecution provisions seem afford protection yet accused seem require government discover investigate accuse person within particular period time amendment appear guarantee criminal defendant government move dispatch appropriate assure early proper disposition charges essential ingredient orderly expedition mere speed smith attention called nothing circumstances surrounding adoption amendment indicating mean appears say marginal support proposition time adoption amendment prevailing rule prosecutions permitted long delay presenting charge framers hardly selected less appropriate language intended speedy trial provision protect delay opinions intimate support appellees thesis courts appeals considered question constitutional terms never reversed conviction dismissed indictment solely basis sixth amendment speedy trial provision delay involved legislative efforts implement federal state speedy trial provisions also plainly reveal view guarantees applicable person accused crime pointed common law absence special statutes limitations mere failure find indictment operate discharge accused offense nolle prosequi entered government failure grand jury indict cadarr since doubtless true cases power government abused charges kept hanging heads citizens committed unreasonable periods resulting hardship noted many ith view preventing wrong citizen aid constitutional provisions national state intended secure accused speedy trial passed statutes limiting time within trial must occur charge indictment characteristically statutes referred triggered citizen charged accused statutes vary greatly substance structure interpretation common denominator event right speedy trial arise charge arrest even though prosecuting authorities knowledge offense long note right speedy trial rev federal statute general applicability enacted congress enforce speedy trial provision sixth amendment federal rule criminal procedure force law authorizes dismissal indictment information complaint unnecessary delay presenting charge grand jury filing information defendant held answer district unnecessary delay bringing defendant trial rule clearly limited situations appellees position therefore odds longstanding legislative judicial constructions speedy trial provisions national state constitutions iii apparent also little support appellees position emerges consideration purposes sixth amendment speedy trial provision guarantee termed important safeguard prevent undue oppressive incarceration prior trial minimize anxiety concern accompanying public accusation limit possibilities long delay impair ability accused defend ewell see also klopfer north carolina dickey florida inordinate delay arrest indictment trial may impair defendant ability present effective defense major evils protected speedy trial guarantee exist quite apart actual possible prejudice accused defense legally arrest detain government must assert probable cause believe arrestee committed crime arrest public act may seriously interfere defendant liberty whether free bail may disrupt employment drain financial resources curtail associations subject public obloquy create anxiety family friends considerations substantial underpinnings decision klopfer north carolina supra see also smith hooey viewed readily understandable either formal indictment information else actual restraints imposed arrest holding answer criminal charge engage particular protections speedy trial provision sixth amendment invocation speedy trial provision thus need await indictment information formal charge decline extend reach amendment period prior arrest event occurs citizen suffers restraints liberty subject public accusation situation compare defendant arrested held answer passage time whether arrest may impair memories cause evidence lost deprive defendant witnesses otherwise interfere ability defend possibility prejudice trial sufficient reason wrench sixth amendment proper context possible prejudice inherent delay however short may also weaken government case law provided mechanisms guard possible distinguished actual prejudice resulting passage time crime arrest charge said ewell supra applicable statute limitations primary guarantee bringing overly stale criminal charges statutes represent legislative assessments relative interests state defendant administering receiving justice made repose society protection may limitation lost means defense public schools walker wall statutes provide predictability specifying limit beyond irrebuttable presumption defendant right fair trial prejudiced observed toussie purpose statute limitations limit exposure criminal prosecution certain fixed period time following occurrence acts legislature decided punish criminal sanctions limitation designed protect individuals defend charges basic facts may become obscured passage time minimize danger official punishment acts past time limit may also salutary effect encouraging law enforcement officials promptly investigate suspected criminal activity since appellees rely potential prejudice passage time alleged crime indictment see part iv infra perhaps need go dispose case indictment first official act designating appellees accused individuals event occurred within statute limitations nevertheless since criminal trial likely consequence judgment since appellees may claim actual prejudice defense appropriate note statute limitations fully define appellees rights respect events occurring prior indictment thus government concedes due process clause fifth amendment require dismissal indictment shown trial delay case caused substantial prejudice appellees rights fair trial delay intentional device gain tactical advantage accused cf brady maryland napue illinois however need determine circumstances actual prejudice resulting delays requires dismissal prosecution actual prejudice defense criminal case may result shortest necessary delay one suggests every detriment defendant case abort criminal prosecution accommodate sound administration justice rights defendant fair trial necessarily involve delicate judgment based circumstances case unwise juncture attempt forecast decision cases iv case us neither appellee arrested charged otherwise subjected formal restraint prior indictment event therefore transformed appellees accused defendants subject speedy trial protections sixth amendment delay end scheme charged indictment date defendants indicted extend beyond period applicable statute limitations appellees course able claim undue delay pending trial since indictment brought april dismissed june appellees adequately demonstrated delay government violated due process clause actual prejudice conduct defense alleged proved showing government intentionally delayed gain tactical advantage appellees harass appellees rely solely real possibility prejudice inherent extended delay memories dim witnesses become inaccessible evidence lost light applicable statute limitations however possibilities enough demonstrate appellees receive fair trial therefore justify dismissal indictment events trial may demonstrate actual prejudice present time appellees due process claims speculative premature reversed footnotes criminal appeals act supp time appeal provided relevant part appeal may taken behalf district courts direct criminal cases following instances decision judgment sustaining motion bar defendant put jeopardy omnibus crime control act stat amended criminal appeals act read pertinent part follows criminal case appeal shall lie appeals decision judgment order district dismissing indictment information one counts except appeal shall lie double jeopardy clause constitution prohibits prosecution amendment thus terminated appellate jurisdiction government appeals district judgments federal criminal cases pending cases affected amendment however since subsection provides amendments made section shall apply respect criminal case begun district effective date section omnibus crime control act took effect january appellees case indicted april rule provides unnecessary delay presenting charge grand jury filing information defendant held answer district unnecessary delay bringing defendant trial may dismiss indictment information complaint event doubtful rule applies circumstances case indictment first formal act criminal prosecution appellees see cases cited infra history speedy trial provision sparse unilluminating respect issue us see heller sixth amendment constitution rutland birth bill rights brant bill rights dumbauld state precedents bill rights pub note right speedy trial stan rev single case antedates bill rights rex robinson black eng three century british cases rex marshall east eng regina hext jurist regina robins cox somerset winter assizes cited proposition framers intended protect delay enacting sixth amendment cases fail establish definite rule founders sought constitutionalize however government argument concerning history sixth amendment dispositive persuasive brief government points habeas corpus act car provided speedy relief persons imprisoned criminal supposed criminal matters required persons jailed felonies treason brought trial upon motion within two terms discharged bail act allude delay arrest ratified bill rights either adopted british act passed similar law petition provoo md aff sub nom provoo many speedy trial provisions constitutions modeled british act article virginia declaration rights may model madison used sixth amendment rutland supra secured right speedy trial criminal prosecutions man hath right demand cause nature accusation see generally heller supra insofar meager evidence probative seems imply sixth amendment designed assure accused crimes trial without undue delay interpreted sixth amendment speedy trial guarantee small number cases see dickey florida smith hooey klopfer north carolina ewell pollard provoo supra beavers haubert see also smith courts appeals recognized sixth amendment right speedy trial prosecution formally initiated held sole safeguard delay relevant statute limitations feinberg carlo cert denied pitts north carolina durham kroll cert denied grayson wilson cert denied donnell harlow cert denied bruce cert denied hoopengarner harris lothridge parker cert denied edmaiston neil panczko terlikowski cert denied foley benson venus rev per curiam grounds cert denied reed cert denied sub nom sartain nickens app cert denied courts appeals stated delay may cause dismissal seemed treat question primarily one due process although sixth amendment occasionally mentioned required showing actual prejudice schlinsky fleming capaldo cert denied simmons cert denied holiday hammond dickerson rivera sanchez harbin lee cert denied napue cert denied lucas sanchez cert denied acree although petition provoo md aff sub nom provoo sometimes cited proposition delay justify dismissal district explicitly stated considered delay relevant issue whether defendant denied fair trial taylor app conviction vacated delay crime housebreaking trial years delay crime indictment defendant prison another charge time defendant substantially prejudiced ability defend housebreaking charge appeals stated rely mere lapse time commission offenses date indictment considered governed statute limitations combination factors set forth delay prejudice motivates decision three instances district courts held however delay sixth amendment purposes must computed time crime time government considers defendants actions criminal dismissed indictments excessive delay parrott supp dc wahrer supp alaska burke supp dc unique line cases district columbia circuit concerning delay narcotics cases government relies secret informers frequently single transactions cases take rigid stance delays based appeals purported supervisory jurisdiction sixth amendment see ross app bey app powell app tynan app explicitly limiting ross provision dealt cadarr district columbia code adopted congress stat section provided person charged criminal offense shall committed held bail grand jury must act within specified time accused set free provision remains present code stat purport reach behind time charge commitment holding bail see rev stat tit cal pen code code ann rev stat comprehensive list state statutes appears american bar association project standards criminal justice speedy trial approved draft administrative board judicial conference state new york recently promulgated rules trial delay detention cover defendants held custody begin computation delay periods date arrest rule new york law journal april see generally note right speedy trial stan rev note delay evolving due process standards rev note constitutional limits delay iowa rev note lagging right speedy trial rev note justice overdue speedy trial potential defendant stan rev rules second circuit en banc recently adopted ex rel frizer mcmann appear appendix may supp require trial within specified period apply persons held jail prior trial defendants criminal cases rule rule provides cases government must ready trial within six months date arrest service summons detention filing complaint formal charge upon defendant tried sealed indictment whichever earliest see generally comment speedy trials second circuit rules regarding prompt disposition criminal cases rev cf also bill intended give effect sixth amendment right speedy trial persons charged offenses protections bill engaged within sixty days date defendant arrested summons issued except information indictment filed within sixty days date filing nickens supra harlow supra hoopengarner supra hoffa supp sd standards relating speedy trial supra aba defined time beginning delay period computed date charge filed except defendant continuously held custody bail recognizance date answer crime crime based conduct arising criminal episode time trial commence running date held answer rule aba standards defendant charged contemplated right speedy trial measured statutory time period excluding necessary justifiable delays necessity allege show prejudice defense rule ibid extending sixth amendment right period prior indictment holding answer also create procedural problems hile rights may violated delay arrest charge follow time trial counted date inaction preceding filing charge holding defendant answer recognize general speedy trial right commencing time arrest charging possible unfortunate consequences operation criminal justice system allowing inquiry police arrested prosecutor charged raise difficult problems proof one said engaged lengthy hearings every case determine whether prosecuting authorities proceeded diligently otherwise port crim nd june quoted note justice overdue speedy trial potential defendant stan rev commentary rule speedy trial supra indicated criminal statutes limitation liberally interpreted favor repose habig policies behind civil statutes limitation many ways similar represent public policy privilege litigate chase securities donaldson underlying rationale encourage promptness bringing actions parties shall suffer loss evidence death disappearance witnesses destruction documents failure memory missouri kansas texas harriman statutes founded upon general experience mankind claims valid usually allowed remain neglected riddlesbarger hartford insurance wall promote justice preventing surprises revival claims allowed slumber evidence lost memories faded witnesses disappeared order railroad telegraphers railway express agency primarily designed assure fairness defendants ourts relieved burden trying stale claims plaintiff slept rights burnett new york central criminal law area statutes represent legislative judgment balance equities situation involving tardy assertion otherwise valid rights theory even one claim unjust put adversary notice defend within period limitation right free stale claims time comes prevail right prosecute order railroad telegraphers railway express agency supra except otherwise expressly provided law person shall prosecuted tried punished offense capital unless indictment found information instituted within five years next offense shall committed brief number courts appeals considered question see benson schlinsky supra capaldo supra lee wilson supra harbin acree supra nickens supra cf hoffa constitutional right arrested police required guess peril precise moment probable cause arrest suspect risking violation fourth amendment act soon violation sixth amendment wait long law enforcement officers constitutional duty call halt criminal investigation moment minimum evidence establish probable cause quantum evidence may fall far short amount necessary support criminal conviction justice douglas justice brennan justice marshall join concurring result assume delay case occurred indictment returned right speedy trial impaired indictment dismissed disagree guarantee apply delay stage case march february appellees acting allied enterprises sold installed home intercom fire control burglar detection devices district columbia metropolitan area business endeavors soon met spate lawsuits seeking recovery consumer fraud february brief career ended order entered federal trade commission public notoriety continued surround appellees activities series articles appearing washington post september october business mentioned investigation attorney special grand jury impaneled october investigate consumer fraud however return indictment appellees sometime summer january appellees delivered business records attorney indictment returned april indictment charged counts mail fraud wire fraud transportation falsely made securities interstate commerce september january appellees moved dismiss indictment failure commence prosecution within time satisfy rights due process law speedy trial attorney sought excuse delay alleging office understaffed time given priority types crimes district granted appellees motion appealed supp majority says either formal indictment information else actual restraints imposed arrest holding answer criminal charge engage particular protections speedy trial provision ante sixth amendment sure accused shall enjoy right speedy public trial words accused understand sixth amendment setting mean person standing complain prosecutorial delay seeking indictment filing information right speedy trial right brought trial speedily seem relevant delays delays much made history sixth amendment indicating speedy trial guarantee application delays two answers proposition first british courts historically consider delay condition issuance information lord mansfield held rex robinson black eng issuance information subject time limitations delayed delay must reasonably accounted regina hext jurist information refused whole term passed since alleged assault took place accord rex marshall east eng baron alderson said regina robins cox somerset winter assizes delay making charge bestiality monstrous put man trial lapse time account conduct far back accuse man crime next day may enabled bring forward servants family say time charge preferred year clear man life safe prosecution permitted unjust put trial right speedy trial characterized fundamental rights secured sixth amendment klopfer north carolina protects several demands criminal justice prevention undue delay oppressive incarceration prior trial reduction anxiety concern accompanying public accusation limiting possibilities long delay impair ability accused defend smith hooey see also people prosser right also serves broader interests speedy trial clause protects societal interests well accused public concerned effective prosecution criminal cases restrain guilty crime deter contemplating delay may impair ability accused defend may reduce capacity government prove case see ponzi fessenden moreover awaiting trial accused large may become fugitive justice commit criminal acts greater lapse time commission offense conviction offender less deterrent value conviction dickey florida brennan concurring impairment ability defend oneself may become acute delays stage delays may result loss alibi witnesses destruction material evidence blurring memories least person accused specific crime devote powers recall events surrounding alleged occurrences formal accusation however state may proceed methodically build case prospective defendant proceeds lose duty sixth amendment places government officials proceed expeditiously criminal prosecutions little meaning officials determine duty commence sure right speedy trial necessarily relative consistent delays depends upon circumstances beavers haubert precisely right relative draw line condone illegitimate delays whether stage decisions support limitations right speedy trial adopted majority conclusion sixth amendment extend period prior arrest ante miranda arizona held necessary police advise right counsel situation person taken custody otherwise deprived freedom action significant way case like present one dealt one rights enumerated sixth amendment accused entitled concerned whether arrest indictment necessary person accused thus entitled sixth amendment protections looked instead nature event effect rights involved applied miranda rule even though arrest examination suspect bed boarding house presence officers making custody orozco texas follow approach hold right speedy trial denied years unexplained inexcusable delay dickey florida supra similarly demonstrates wisdom avoiding today mechanical approach application basic constitutional guarantees custody unrelated federal charge petitioner identified witness robbery petitioner remained federal custody state seek prosecute september moved dismiss detainer warrant lodged information filed december petitioner tried february although trial took place less two months filing information held denial right speedy trial delay seven years crime information concurring opinion justice brennan discussed broader questions raised case governmental delay reasonable clearly deliberate attempt government use delay harm accused governmental delay purposeful oppressive unjustifiable may true governmental delay unnecessary whether intentional negligent origin negligent failure government ensure speedy trial virtually damaging interests protected right intentional failure negligence cause interest necessarily unaffected common concern prevent deliberate misuse criminal process public officials thus crucial question determining legitimacy governmental delay may whether might reasonably avoided whether unnecessary determine necessity governmental delay seem important consider one hand intrinsic importance reason delay length delay potential prejudice interests protected safeguard trivial objective almost delay reasonably avoided similarly lengthy delay even interest realizing important objective suspect dismissing indictment district said appears matters complained occurred march january appears matters known early matter common knowledge late appears reason delay justified necessity research examination delving various transactions discovered handled much much sooner certainly probably year latest early defendants indicted counts believe carries sentence separate distinct transaction justify consecutive sentences nature outrageous scheme allegations believed ability remember build one recollection produce necessary defense bound seriously prejudiced delay least three years bringing prosecution brought latest early therefore views lack speedy prosecution case grant motion dismiss see stephen history criminal law england england far know england english colonies alone prosecution offenses left entirely private persons public officers act capacity private persons hardly legal powers beyond belong private persons annotated version inception evolution british system see schwartz cases materials professional responsibility administration criminal justice nat council legal clinics judge wright recognized concurring opinion nickens app indeed suspect may special disadvantage complaint indictment arrest purposefully delayed knowledge criminal charges brought innocent man reason fix memory happenings day alleged crime memory grows dim passage time witnesses disappear day accused becomes less able make defense delay government case already hands balance advantage shifts favor government government lags constitutional system tactic available police prosecutors preprosecution delay result loss physical evidence unavailability potential witnesses impairment ability prospective defendant witnesses remember events question indeed possibility prejudice may greater cases post cases typical prospective defendant probably unaware fact criminal charges eventually brought thus reason take measures preserve memory memories witnesses importance considerations becomes clear measured state ability collect document evidence carries criminal investigation thereby preserving probative firepower time eventual arrest causal factor also present preprosecution delay many preprosecution delays caused reluctance government terminate undercover investigation knowledge obtained undercover agent used basis arrest issuance complaint identity agent may exposed effectiveness destroyed consequently government often delay arresting individual case complete agent still obtaining evidence individuals situation government made deliberate choice supposed advantage advantage arguably sought defendant asserting claim fact remains advantage arises deliberate avoidable choice part authorities note stan rev district judge pointed assistant attorney general indicated need help attorney retreated factual assertion