lovasco argued decided june months federal criminal offenses alleged occurred respondent indicated committing beyond investigative report made month crimes committed little additional information developed following months claiming preindictment delay material defense testimony lost deprived due process respondent moved dismiss indictment district found delay explained justified unnecessary prejudicial respondent granted motion dismiss appeals affirmed concluding delay found solely attributable government hope participants crime discovered unjustified held appeals erred affirming district dismissal indictment pp although speedy trial clause sixth amendment applicable person accused crime statutes limitations provide primary guarantee bringing overly stale criminal charges marion statutes fully define defendant rights respect events antedating indictment due process clause limited role play protecting oppressive delay pp proof prejudice makes due process claim ripe adjudication automatically validate claim reasons delay must also considered pp prosecute defendant following investigative delay apparently existed case deprive due process even defense might somewhat prejudiced lapse time prosecutors duty file charges soon probable cause exists satisfied able establish suspect guilt beyond reasonable doubt constitutional requirement charges must filed sufficient evidence prove guilt investigation complete immediate arrest indictment might impair prosecutors ability continue investigation obtain additional indictments pressure prosecutors resolving doubtful cases favor early possibly unwarranted prosecutions preclude full consideration desirability prosecuting particular cases pp marshall delivered opinion burger brennan stewart white blackmun powell rehnquist joined stevens filed dissenting opinion post john rupp argued cause brief solicitor general bork assistant attorney general thornburgh deputy solicitor general frey jerome feit robert plaxico louis gilden argued cause filed brief respondent justice marshall delivered opinion granted certiorari case consider circumstances constitution requires indictment dismissed delay commission offense initiation prosecution march respondent indicted possessing eight firearms stolen mails dealing firearms without license offenses alleged occurred july august months indictment filed respondent moved dismiss indictment due delay district conducted hearing respondent motion respondent sought prove delay unnecessary prejudiced defense effort establish former proposition respondent presented postal inspector report investigation prepared one month crimes committed stipulation concerning progress probe report stated brief within first month investigation respondent admitted government agents possessed sold five stolen guns agents developed strong evidence linking respondent remaining three weapons report also stated however agents unable confirm refute respondent claim found guns car returned visiting son mail handler work stipulation assistant attorney entered indicated little additional information concerning crimes uncovered months following preparation inspector report establish prejudice defense respondent testified lost testimony two material witnesses due delay first witness tom stewart died year alleged crimes occurred hearing respondent claimed stewart source two three guns second witness respondent brother died april eight months crimes completed respondent testified brother present respondent called stewart secure guns witnessed respondent sales respondent state witnesses aided defense willing testify government made systematic effort district explain long delay assistant attorney expressly disagree however defense counsel suggestion investigation ended postal inspector report prepared app prosecutor also stated government theory respondent son access mail terminal guns possibly stolen responsible thefts finally prosecutor elicited somewhat cryptic testimony postal inspector indicating case particular weapons involves individuals information presented grand jury regard case day indictment spoken prosecutors case four five occasions following hearing district filed brief opinion order found october date postal inspector report government information relating defendant alleged commission offenses charged delay case presented grand jury explained justified unnecessary unreasonable also found result delay defendant prejudiced reason death tom stewart material witness behalf pet cert accordingly dismissed indictment government appealed appeals eighth circuit brief government explained months inaction stating legitimate government interest keeping investigation open instant case defendant son worked terminal railroad access mail government position son responsible theft therefore investigation establish fact important although investigation continue full time basis contact attorney office postal inspector office throughout certain matters brought federal grand jury prior determination case presented indictment brief pp granted certiorari reverse ii marion considered significance constitutional purposes lengthy preindictment delay held far speedy trial clause sixth amendment concerned delay wholly irrelevant since analysis language history purposes clause persuaded us formal indictment information else actual restraints imposed arrest holding answer criminal charge engage particular protections provision went note statutes limitations provide predictable legislatively enacted limits prosecutorial delay provide primary guarantee bringing overly stale criminal charges quoting ewell acknowledge statute limitations fully define defendants rights respect events occurring prior indictment due process clause limited role play protecting oppressive delay respondent seems argue due process bars prosecution whenever defendant suffers prejudice result preindictment delay support proposition respondent relies concluding sentence opinion marion remanding case stated vents trial may demonstrate actual prejudice present time appellees due process claims speculative premature quoted sentence establishes proof actual prejudice makes due process claim concrete ripe adjudication makes claim automatically valid indeed two pages earlier opinion expressly rejected argument respondent advances need determine circumstances actual prejudice resulting preaccusation delays requires dismissal prosecution actual prejudice defense criminal case may result shortest necessary delay one suggests every detriment defendant case abort criminal prosecution footnotes omitted appeals found sole reason delay hope part government others might discovered may participated theft concluded hope justify delay therefore affirmed dismissal indictment due process clause permit courts abort criminal prosecutions simply disagree prosecutor judgment seek indictment judges free defining due process impose law enforcement officials personal private notions fairness disregard limits bind judges judicial function rochin california task circumscribed determine whether action complained compelling respondent stand trial government delayed indictment investigate violates fundamental conceptions justice lie base civil political institutions mooney holohan define community sense fair play decency rochin california supra see also ham south carolina lisenba california hebert louisiana hurtado california requires extended argument establish prosecutors deviate fundamental conceptions justice defer seeking indictments probable cause believe accused guilty indeed unprofessional conduct prosecutor recommend indictment less probable cause equally obvious prosecutors duty file charges soon probable cause exists satisfied able establish suspect guilt beyond reasonable doubt impose duty deleterious effect upon rights accused upon ability society protect ewell supra perspective potential defendants requiring prosecutions commence probable cause established undesirable increase likelihood unwarranted charges filed add time defendants stand accused untried costs means insubstantial since recognized marion formal accusation may interfere defendant liberty disrupt employment drain financial resources curtail associations subject public obloquy create anxiety family friends perspective law enforcement officials requirement immediate prosecution upon probable cause equally unacceptable make obtaining proof guilt beyond reasonable doubt impossible causing potentially fruitful sources information evaporate fully exploited standpoint courts requirement unwise cause scarce resources consumed cases prove insubstantial involve responsible parties criminal acts thus one interests well served compelling prosecutors initiate prosecutions soon legally entitled might argued government assembled sufficient evidence prove guilt beyond reasonable doubt constitutionally required file charges promptly even investigation entire criminal transaction complete adopting rule however many consequences adopting rule requiring immediate prosecution upon probable cause first compelling prosecutor file public charges soon requisite proof developed one participant one charge cause numerous problems cases criminal transaction involves one person one illegal act instances immediate arrest indictment impair prosecutor ability continue investigation thereby preventing society bringing lawbreakers justice cases prosecutor able obtain additional indictments despite early prosecution necessary result multiple trials involving single set facts trials place needless burdens defendants law enforcement officials courts second insisting immediate prosecution sufficient evidence developed obtain conviction pressure prosecutors resolving doubtful cases favor early possibly unwarranted prosecutions determination evidence available prosecution sufficient obtain conviction seldom reasonable persons often reach conflicting conclusions instant case example since respondent admitted possessing least five firearms primary factual issue dispute whether respondent knew guns stolen required surprisingly postal inspector report contained direct evidence bearing issue decision whether prosecute therefore required necessarily subjective evaluation strength circumstantial evidence available credibility respondent denial even prosecutor concluded case weak investigation appropriate assurance reviewing agree avoid risk subsequent indictment dismissed preindictment delay prosecutor might feel constrained file premature charges disadvantages entail finally requiring government make charging decisions immediately upon assembling evidence sufficient establish guilt preclude government giving full consideration desirability prosecuting particular cases decision file criminal charges awesome consequences entails requires consideration wide range factors addition strength government case order determine whether prosecution public interest prosecutors often need information proof suspect guilt therefore deciding whether seek indictment instant case provides useful illustration although proof identity mail thieves necessary convict respondent possessory crimes charged might crucial assessing respondent culpability distinguished legal guilt example investigation show respondent role advance knowledge theft simply agreed paternal loyalty help son dispose guns respondent discovered son stolen attorney might decided prosecute especially since time crime respondent years old prior criminal record requiring prosecution evidence guilt clear however prevent prosecutor awaiting information necessary decision reluctant adopt rule consequences absent clear constitutional command find command due process clause fifth amendment view investigative delay fundamentally unlike delay undertaken government solely gain tactical advantage accused marion precisely investigative delay rather deviating elementary standards fair play decency prosecutor abides refuses seek indictments completely satisfied prosecute able promptly establish guilt beyond reasonable doubt penalizing prosecutors defer action reasons subordinate goal orderly expedition mere speed smith due process clause require therefore hold prosecute defendant following investigative delay deprive due process even defense might somewhat prejudiced lapse time present case appeals stated reason government postponed action await results additional investigation although unfortunately evidence concerning reasons delay record finding supported prosecutor implicit representation district explicit representation appeals investigation continued time government deferred taking action respondent finding moreover buttressed government repeated assertions petition certiorari brief oral argument delay caused government efforts identify persons addition respondent may participated offenses pet cert must assume statements counsel made good faith light explanation follows compelling respondent stand trial fundamentally unfair appeals therefore erred affirming district decision dismissing indictment iii marion conceded determine abstract circumstances preaccusation delay require dismissing prosecutions five years later statement remains true indeed intervening years defendants established prejudiced delay neither lower sustained opportunity consider constitutional significance various reasons delay therefore leave lower courts first instance task applying settled principles due process discussed particular circumstances individual cases simply hold case lower courts erred dismissing indictment reversed footnotes contrary evidence came respondent purchaser told government investigators knew guns hot march inspector learned another person claimed purchased gun respondent app hearing parties disagreed whether evidence admissible since involve guns indictment related event assistant attorney stated decision prosecute made additional piece evidence received respondent admitted mentioned stewart postal inspector questioned source guns explained stewart bad tomato liable take shot told respondent also conceded mention either brother stewart illness death postal inspector several occasions respondent called inspector inquire status probe inspector report stated evidence establishing son responsibility thefts unanimously reversed dismissal fourth count indictment charging respondent dealing firearms without license since respondent alleged missing witnesses provided exculpatory evidence charge addition challenging appeals holding constitutional issue argues district deferred action motion dismiss trial time assessed prejudice respondent light events trial argument however raised district appeals absent exceptional circumstances review see duignan neely martin eby constr oral argument government seemed suggest failure raise procedural question brief appeals excused proceedings skewed fact district based dismissal solely fed rule crim proc issue raised government petition rehearing tr oral arg even assuming basis district dismissal skewed appellate proceedings regarding procedural question fact opening paragraph argument government brief recognized issue due process question remainder brief treated question merits even appeals issued decision based solely due process clause government petition rehearing squarely raise procedural issue alternative ground rehearing case en banc marion also holds fed rule crim proc permits district courts dismiss indictments due preindictment postindictment delay limited situations since respondent arrested indicted district plainly erred basing decision rule aba code professional responsibility dr aba project standards criminal justice prosecution function app draft extent period accusation trial strictly limited legislative action see speedy trial act stat et seq supp compelling immediate prosecutions upon probable cause add time defendants stand accused create risk guilty persons escaping punishment simply government unable move probable cause guilt beyond reasonable doubt short time available even absent statute course speedy trial clause sixth amendment imposes restraints length delay cf watson powell concurring good police practice often requires postponing arrest even probable cause established order place suspect surveillance otherwise develop evidence necessary prove guilt jury defendants also adversely affected trials involving less criminal acts responsible since likely subjected multiple trials growing transaction occurrence see also hoffa quoted marion 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 addition courts required decide every case prosecution commenced necessary trace progress investigation maintaining daily records impose administrative burden prosecutors reviewing place even greater burden courts see also marion supra see prosecution function supra prosecutor obliged present charges evidence might support prosecutor may circumstances good cause consistent public interest decline prosecute notwithstanding evidence may exist support conviction illustrative factors prosecutor may properly consider exercising discretion prosecutor reasonable doubt accused fact guilty ii extent harm caused offense iii disproportion authorized punishment relation particular offense offender iv possible improper motives complainant reluctance victim testify vi cooperation accused apprehension conviction others vii availability likelihood prosecution another jurisdiction course case investigation proved unavailing attorney ultimately decided prosecute based solely inspector report fortuity transform otherwise permissible delay impermissible one marion noted approval government conceded tactical delay violate due process clause government renews concession brief expands somewhat stating due process violation might also made upon showing prosecutorial delay incurred reckless disregard circumstances known prosecution suggesting existed appreciable risk delay impair ability mount effective defense government notes however evidence recklessness see also pet cert brief tr oral arg professor amsterdam catalogued noninvestigative reasons delay roof offense may depend upon testimony undercover informer maintains cover period time surfacing file charges one persons dealt disguised one possible charge suspect may held back pending disposition others order avoid burden upon prosecutor office handling charges may turn unnecessary obtain degree punishment prosecutor seeks many motives delay course including sinister ones desire postpone beginning defense investigation wish hold club defendant additional reasons delay may partly completely beyond control prosecuting authorities offenses may immediately reported investigation may immediately identify offender identified offender may immediately apprehendable indictment may delayed weeks even months impaneling next grand jury customary think delays natural inevitable various prosecutorial decisions assignment manpower priorities among investigations known offenses may also affect length delays speedy criminal trial rights remedies stan rev see also dickey florida brennan concurring justice stevens dissenting record presented question decides today join opinion unable believe review limited facts disclosed record developed district traditional scope review exercised regard issues fact thorough hearing respondent motion dismiss indictment prejudicial preindictment delay hearing sides given every opportunity submit evidence concerning question district found government delay ha explained justified unnecessary unreasonable appeal appeals concurred noting district determination supported evidence concurrent findings fact make improper judgment make determination government postponed action await results additional investigation ante determination supported record majority opinion correctly points evidence concerning reasons delay record yet proceeds accept fact representations government briefs appeals delay caused government efforts identify persons addition respondent may participated offenses ibid finding continuing investigation forms foundation majority opinion comes statements counsel made appellate process said unsworn statements part record therefore considered trial manifestly statements properly considered us disposition case adickes kress question good faith government counsel business appellate courts make decisions basis unsworn matter incorporated formal record findings district approved appeals establish four relevant propositions routine prosecution government assembled evidence expects establish respondent guilt waited almost months seek indictment delay prejudicial respondent defense reason whatsoever explains delay may reasonably infer prosecutor merely busy matters considered important case question presented facts easy one nevertheless unless conclude constitution imposes constraints prosecutor power postpone filing formal charges suit convenience believe must affirm judgment appeals contrary position tenable one assumes constitutional right fair hearing includes right whatsoever prompt hearing moody daggett stevens dissenting requirement speedy justice part tradition since magna carta see came country embodied early state constitutions see massachusetts constitution part art xi later sixth amendment constitution applied case respondent made numerous anxious inquiries postal inspectors concerning whether indicted delay caused substantial prejudice respondent government offered justification delay right speedy justice honored right honored case kind basic values framers intended protect sixth amendment guarantee speedy trial motivated congress enact speedy trial act become nothing managerial considerations prosecutor manipulate respectfully dissent settled rule review concurrent findings fact two courts absence obvious exceptional showing error berenyi immigration director citing graver mfg linde justice jackson called seasoned wise rule comstock group investors examination transcript district hearing reveals government produced evidence indictment delayed government stipulated proceeded grand jury evidence collected months presentation additional evidence caused proceed although appeals surmised reason existed delay except hope part government others might discovered may participated theft even assumption borne record district hearing although oath prosecuting attorney indicated government theorized guns question came respondent son worked freight terminal access mails yet even theory never shown cause delay even prosecuting attorney stated much