barker wingo argued april decided june petitioner brought trial murder five years arrested time prosecution obtained numerous continuances initially purpose first trying petitioner alleged accomplice testimony conviction resulted available petitioner trial accomplice finally convicted tried six times petitioner made objection continuances three years arrested accomplice finally convicted petitioner delays key prosecution witness illness tried convicted habeas corpus proceeding appeals concluding petitioner waived right speedy trial period prior demand trial event prejudiced delay affirmed district judgment petitioner held defendant constitutional right speedy trial established inflexible rule determined ad hoc balancing basis conduct prosecution defendant weighed assess factors length reason delay defendant assertion right prejudice defendant case lack serious prejudice petitioner fact disclosed record want speedy trial outweigh opposing considerations compel conclusion petitioner deprived due process right speedy trial pp affirmed powell delivered opinion unanimous white filed concurring opinion brennan joined post james milliman argued cause petitioner pro hac vice brief norvie lay chester porter robert willmott assistant attorney general kentucky argued cause respondent pro hac vice brief ed hancock attorney general briefs amici curiae filed solicitor general griswold thomas barr lawyers committee civil rights law justice powell delivered opinion although speedy trial guaranteed accused sixth amendment constitution dealt right infrequent occasions see beavers haubert pollard ewell marion see also provoo md aff opinion klopfer north carolina established right speedy trial fundamental imposed due process clause fourteenth amendment see smith hooey dickey florida justice brennan pointed concurring opinion dickey none cases attempted set criteria speedy trial right judged case compels us make attempt july christian county kentucky elderly couple beaten death intruders wielding iron tire tool two suspects silas manning willie barker petitioner arrested shortly thereafter grand jury indicted september counsel appointed september barker trial set october commonwealth stronger case manning believed barker convicted unless manning testified manning naturally unwilling incriminate accordingly october day silas manning brought trial commonwealth sought obtained first series continuances barker trial barker made objection first convicting manning commonwealth remove possible problems able assure testimony barker commonwealth encountered difficulties prosecution manning first trial ended hung jury second trial resulted conviction kentucky appeals reversed admission evidence obtained illegal search manning commonwealth third trial manning convicted appeals reversed trial granted change venue manning commonwealth fourth trial resulted hung jury finally five trials manning convicted march murdering one victim sixth trial december convicted murdering christian county circuit holds three terms year february june september barker initial trial take place september term first continuance postponed february term second continuance granted one month every term thereafter long manning prosecutions process commonwealth routinely moved continue barker case next term case continued june term following september barker spent months jail obtained release posting bond thereafter remained free community trial barker made objection counsel first continuances february commonwealth moved twelfth time continue case following term barker counsel filed motion dismiss indictment motion dismiss denied two weeks later commonwealth motion continuance granted commonwealth granted continuances june september barker object february first term following manning final conviction commonwealth moved set barker trial march day scheduled trial moved continuance june term gave reason illness chief investigating officer case continuance barker objected unsuccessfully witness still unable testify june trial set june continued september term barker objection time announced case dismissed lack prosecution tried next term final trial date set october date barker moved dismiss indictment time specified right speedy trial violated motion denied trial commenced manning chief prosecution witness barker convicted given life sentence barker appealed conviction kentucky appeals relying part speedy trial claim affirmed barker commonwealth february barker petitioned habeas corpus district western district kentucky although district rejected petition without holding hearing granted petitioner leave appeal forma pauperis certificate probable cause appeal appeal appeals sixth circuit affirmed district ruled barker waived speedy trial claim entire period february date believed first objected delay filing motion dismiss belief mistaken record reveals motion filed february commonwealth conceded oral argument held remaining period date barker first raised claim trial thought eight months actually months unduly long addition held barker shown resulting prejudice illness valid justification delay granted barker petition certiorari ii right speedy trial generically different rights enshrined constitution protection accused addition general concern accused persons treated according decent fair procedures societal interest providing speedy trial exists separate times opposition interests accused inability courts provide prompt trial contributed large backlog cases urban courts among things enables defendants negotiate effectively pleas guilty lesser offenses otherwise manipulate system addition persons released bond lengthy periods awaiting trial opportunity commit crimes must little comfort residents christian county kentucky know barker large bail four years accused vicious brutal murder ultimately convicted moreover longer accused free awaiting trial tempting becomes opportunity jump bail escape finally delay arrest punishment may detrimental effect rehabilitation accused make bail generally confined barker months local jail contributes overcrowding generally deplorable state institutions lengthy exposure conditions destructive effect human character makes rehabilitation individual offender much difficult times result may even violent rioting finally lengthy pretrial detention costly cost maintaining prisoner jail varies per day amounts millions across nation addition society loses wages might earned must often support families incarcerated breadwinners second difference right speedy trial accused constitutional rights deprivation right may work accused advantage delay uncommon defense tactic time commission crime trial lengthens witnesses may become unavailable memories may fade witnesses support prosecution case weakened sometimes seriously prosecution carries burden proof thus unlike right counsel right free compelled deprivation right speedy trial per se prejudice accused ability defend finally perhaps importantly right speedy trial vague concept procedural rights example impossible determine precision right denied definitely say long long system justice supposed swift deliberate consequence fixed point criminal process state put defendant choice either exercising waiving right speedy trial example state moves continuance granting continuance violation right speedy trial unless circumstances case delay endanger values right protects impossible generalize circumstances exist nothing comparable point process defendant exercises waives right counsel right jury trial thus recognized beavers haubert supra inquiry speedy trial claim necessitates functional analysis right particular context case right speedy trial necessarily relative consistent delays depends upon circumstances secures rights defendant preclude rights public justice iii perhaps speedy trial right slippery two rigid approaches urged upon us ways eliminating uncertainty courts experience protecting right first suggestion hold constitution requires criminal defendant offered trial within specified time period result ruling virtue clarifying right infringed simplifying courts application recognizing legislatures enacted laws courts adopted procedural rules narrowly define right appeals second circuit promulgated rules district courts circuit establishing government must ready trial within six months date arrest except unusual circumstances charge dismissed type rule also recommended american bar association result require engage legislative rulemaking activity rather adjudicative process confine efforts establish procedural rules except mandated constitution find constitutional basis holding speedy trial right quantified specified number days months course free prescribe reasonable period consistent constitutional standards approach must less precise second suggested alternative restrict consideration right cases accused demanded speedy trial recognized loosely referred demand rule although eight reject clear however precisely meant term although every federal appeals considered question endorsed kind demand rule regarded rule within concept waiver whereas others viewed factor weighed assessing whether deprivation speedy trial right shall refer former approach doctrine doctrine provides defendant waives consideration right speedy trial period prior demanded trial rigid approach prior demand necessary condition consideration speedy trial right essentially approach sixth circuit took approach presuming waiver fundamental right inaction inconsistent pronouncements waiver constitutional rights defined waiver intentional relinquishment abandonment known right privilege johnson zerbst courts indulge every reasonable presumption waiver aetna ins kennedy presume acquiescence loss fundamental rights ohio bell tel public utilities carnley cochran held presuming waiver silent record impermissible record must show must allegation evidence show accused offered counsel intelligently understandably rejected offer anything less waiver excepting right speedy trial rule waiver applied fundamental rights courts applied rule relied assumption delay usually works benefit accused absence readily ascertainable time criminal process defendant given choice exercising waiving right necessarily true delay benefits defendant cases delay appreciably harms defendant ability defend moreover defendant confined jail prior trial obviously disadvantaged delay defendant released bail unable lead normal life community suspicion anxiety nature speedy trial right make impossible pinpoint precise time process right must asserted waived fact argue placing burden protecting right solely defendants defendant duty bring trial state duty well duty insuring trial consistent due process moreover reasons earlier expressed society particular interest bringing swift prosecutions society representatives ones protect interest also noteworthy rigid view rule places defense counsel awkward position unless demands trial early often danger frustrating client right counsel willing tolerate delay finds reasonable helpful preparing case may unable obtain speedy trial client end time since rule time runs demand made government whatever time otherwise reasonable bring defendant trial demand made thus first demand made three months arrest jurisdiction prescribes rule prosecution total nine months may wholly unreasonable circumstances result practice likely either automatic pro forma demand made immediately appointment counsel delays rule tolerated result consistent interests defendants society constitution reject therefore rule defendant fails demand speedy trial forever waives right mean however defendant responsibility assert right think better rule defendant assertion failure assert right speedy trial one factors considered inquiry deprivation right formulation avoids rigidities rule resulting possible unfairness application allows trial exercise judicial discretion based circumstances including due consideration applicable formal procedural rule permit example attach different weight situation defendant knowingly fails object situation attorney acquiesces long delay without adequately informing client situation counsel appointed also allow weigh frequency force objections opposed attaching significant weight purely pro forma objection ruling defendant responsibility assert speedy trial claim depart holdings cases concerning waiver fundamental rights placed entire responsibility prosecution show claimed waiver knowingly voluntarily made cases involved rights must exercised waived specific time clearly identifiable circumstances rights plead guilty demand jury trial exercise privilege assistance counsel shown right speedy trial unique uncertainty circumstances must asserted may deemed waived rule announce today comports constitutional principles places primary burden courts prosecutors assure cases brought trial hardly need add delay attributable defendant waiver may given effect standard waiver doctrine demand rule aside therefore reject inflexible approaches period goes constitution requires rule insensitive right deemed fundamental approach accept balancing test conduct prosecution defendant weighed iv balancing test necessarily compels courts approach speedy trial cases ad hoc basis little identify factors courts assess determining whether particular defendant deprived right though might express different ways identify four factors length delay reason delay defendant assertion right prejudice defendant length delay extent triggering mechanism delay presumptively prejudicial necessity inquiry factors go balance nevertheless imprecision right speedy trial length delay provoke inquiry necessarily dependent upon peculiar circumstances case take one example delay tolerated ordinary street crime considerably less serious complex conspiracy charge closely related length delay reason government assigns justify delay different weights assigned different reasons deliberate attempt delay trial order hamper defense weighted heavily government neutral reason negligence overcrowded courts weighted less heavily nevertheless considered since ultimate responsibility circumstances must rest government rather defendant finally valid reason missing witness serve justify appropriate delay already discussed third factor defendant responsibility assert right whether defendant asserts right closely related factors mentioned strength efforts affected length delay extent reason delay particularly personal prejudice always readily identifiable experiences serious deprivation likely defendant complain defendant assertion speedy trial right entitled strong evidentiary weight determining whether defendant deprived right emphasize failure assert right make difficult defendant prove denied speedy trial fourth factor prejudice defendant prejudice course assessed light interests defendants speedy trial right designed protect identified three interests prevent oppressive pretrial incarceration ii minimize anxiety concern accused iii limit possibility defense impaired serious last inability defendant adequately prepare case skews fairness entire system witnesses die disappear delay prejudice obvious also prejudice defense witnesses unable recall accurately events distant past loss memory however always reflected record forgotten rarely shown discussed previously societal disadvantages lengthy pretrial incarceration obviously disadvantages accused obtain release even serious time spent jail awaiting trial detrimental impact individual often means loss job disrupts family life enforces idleness jails offer little recreational rehabilitative programs time spent jail simply dead time moreover defendant locked hindered ability gather evidence contact witnesses otherwise prepare defense imposing consequences anyone yet convicted serious especially unfortunate impose persons ultimately found innocent finally even accused incarcerated prior trial still disadvantaged restraints liberty living cloud anxiety suspicion often hostility see cases cited supra regard none four factors identified either necessary sufficient condition finding deprivation right speedy trial rather related factors must considered together circumstances may relevant sum factors talismanic qualities courts must still engage difficult sensitive balancing process dealing fundamental right accused process must carried full recognition accused interest speedy trial specifically affirmed constitution difficulty task balancing factors illustrated case consider close clear length delay arrest trial well five years extraordinary seven months period attributed strong excuse illness charge investigation perhaps delay permissible ordinary circumstances manning utilized witness barker trial four years long period particularly since good part period attributable commonwealth failure inability try manning circumstances comported due process two counterbalancing factors however outweigh deficiencies first prejudice minimal course barker prejudiced extent living four years cloud suspicion anxiety moreover although released bond period spend months jail trial claim barker witnesses died otherwise became unavailable owing delay trial transcript indicates two minor lapses memory one part prosecution witness way significant outcome important absence serious prejudice fact barker want speedy trial counsel appointed barker immediately indictment represented throughout period question raised competency counsel despite fact counsel notice motions continuances record shows action whatever taken october february construed assertion speedy trial right latter date response another motion continuance barker moved dismiss indictment record show ground motion based although clear alternative motion made immediate trial instead record strongly suggests hoped take advantage delay acquiesced thereby obtain dismissal charges definitely want tried counsel conceded much oral argument honor concede willie mae barker probably know fact probably want tried think man wants tried consider liability behalf blame tr oral arg true reason delay commonwealth kentucky desire secure testimony accomplice silas manning true silas manning never convicted willie mae barker never convicted concede hold may never situation indictment may dismissed speedy trial grounds defendant failed object continuances may situation defendant represented incompetent counsel severely prejudiced even cases continuances granted ex parte barring extraordinary circumstances reluctant indeed rule defendant denied constitutional right record strongly indicates one defendant want speedy trial hold therefore barker deprived due process right speedy trial judgment appeals affirmed footnotes criminal prosecutions accused shall enjoy right speedy public trial impartial jury state district wherein crime shall committed district shall previously ascertained law informed nature cause accusation confronted witnesses compulsory process obtaining witnesses favor assistance counsel defence hold right speedy trial fundamental rights secured sixth amendment explanation record although barker initial trial set october continuance sought october two days trial begun apparently manning chose appeal final two convictions written motion barker filed alleged objected every continuance since february record reflect objections motion dismiss filed february objections continuances sought commonwealth march june tr oral arg report president commission crime district columbia washington persons arrested robbery released prior trial bail mitchell bail reform constitutionality pretrial detention rev citing report judicial council committee study operation bail reform act district columbia number offenses increasing see annual report director administrative office courts desirable punishment follow offence closely possible impression upon minds men weakened distance besides distance adds uncertainty punishment affording new chances escape bentham theory legislation ogden ed establish justice insure domestic tranquility final report national commission causes prevention violence testimony james bennett director bureau prisons hearings federal bail procedures subcommittee constitutional rights subcommittee improvements judicial machinery senate committee judiciary tombs riots new york city times challenge crime free society report president commission law enforcement administration justice large measure many procedural safeguards provided accused ordinary procedures criminal prosecution designed move deliberate pace requirement unreasonable speed deleterious effect upon rights accused upon ability society protect ewell justice white noted opinion ewell supra overzealous application remedy infringe societal interest trying people accused crime rather granting immunization legal error examples see american bar association project standards criminal justice speedy trial approved draft note right speedy criminal trial rev second circuit rules regarding prompt disposition criminal cases aba project supra example proposed statutory rule see note lagging right speedy trial rev pines district woodbury county iowa see generally note right speedy criminal trial rev note lagging right speedy trial rev see state maldonado en banc cert denied hicks people en banc people prosser zehrlaut state ind flanary commonwealth ex parte chalfant state hess state dodson see state vawter see hill bruce cert denied perez cert denied pietch cert denied smith app en banc opinion case demonstrates sixth circuit takes similar approach indication importance courts attached demand rule see perez supra held defendant waived speedy trial claim knew indictment made demand immediate trial even though record gave indication represented counsel time made demand even though informed prosecution right speedy trial although stating recognize demand rule approach eighth ninth circuits seems denial speedy trial found despite absence demand circumstances see bandy purposeful oppressive delay may overcome failure demand moser despite failure demand balanced considerations second circuit approach unclear cases failure demand strictly construed waiver demasi cases seemed willing consider claims demand ex rel solomon mancusi cert denied certainly district courts second circuit regarded demand rule rigid see mann supp sdny dillon supp sdny first circuit also seems reject rigid approach compare butler needel scafati cert denied see supra defendant deliberately state procedure strategic tactical reason federal judge habeas corpus may deny relief finds considered choice petitioner demand doctrine presupposes failure demand trial deliberate choice supposed advantage assumption delay always benefits accused delay inherently benefit accused state consequently man presumed exercised deliberate choice silence inaction equally mean unaware necessity demand note lagging right speedy trial rev footnotes omitted chief justice burger wrote dickey florida although great many accused persons seek put confrontation long possible right prompt inquiry criminal charges fundamental duty charging authority provide prompt trial omitted circuit judge justice blackmun wrote government matter trial without responsibility expeditious trial criminal cases burden trial promptness solely upon defense right speedy trial constitutionally guaranteed honored vigilant knowledgeable hodges american bar association also rejects rigid rule one reason position number situations defendant unaware charge defendant without counsel unfair require demand jurisdictions demand requirement faced continuing problem defining exceptions process always carried uniformity important demand requirement inconsistent public interest prompt disposition criminal cases trial criminal case unreasonably delayed merely defendant think best interest seek prompt disposition charge aba project supra nothing said interpreted disapproving presumptive rule adopted exercise supervisory powers establishes fixed time period within cases must normally brought see supra see simmons cert denied note right speedy trial stan rev concurring opinion dickey justice brennan identified three factors consideration source delay reasons whether delay prejudiced interests protected right included consideration defendant failure assert right category thought length delay relevant primarily reasons delay prejudicial effects essence however little difference approach one adopt today see also note right speedy trial supra another slightly different approach example first circuit thought delay nine months overly long absent good reason case depended eyewitness testimony butler indicated previous occasions improper prosecution intentionally delay gain tactical advantage defendants harass marion see pollard ewell smith hooey klopfer north carolina indicated defendant awaiting trial bond might subjected public scorn deprived employment chilled exercise right speak associate participate unpopular political causes see establish justice insure domestic tranquility final report national commission causes prevention violence statistical evidence persons detained arrest trial likely receive prison sentences obtain pretrial release although factors bear upon correlation see wald pretrial detention ultimate freedom statistical study rev example speedy trial issue approached see judge frankel excellent opinion mann supp sdny tr oral arg hindsight course help noting barker moved immediately persistently speedy trial following indictment successful undoubtedly acquitted since manning testimony crucial commonwealth case anticipated outset however manning tried six times period thus decision gamble manning acquittal may prudent choice time made oral argument counsel barker stated sheriff material witness ill man arrested petitioner yes sixth circuit held sufficient reason delay deny concede sufficient delay march october explain delays prior tr oral arg mr although rejects petitioner speedy trial claim affirms denial petition habeas corpus apparent barker clearly acquiesced major delays involved case result otherwise commonwealth point view fortunate case set early trial postponements took place upon formal requests barker opportunity object broadly assays factors going constitutional judgments speedy trial provision appropriate emphasize one major purposes provision guard inordinate delay public charge trial wholly aside possible prejudice defense merits may seriously interfere defendant liberty whether free bail may disrupt employment drain financial resources curtail associations subject public obloquy create anxiety family friends marion factors serious others inevitably present every case extent every defendant either incarcerated pending trial bail subject substantial restrictions liberty also true many defendants believe time side prefer suffer whatever disadvantages delay may entail desire early trial personal factors prevail countervailing considerations offered state connected crowded dockets prosecutorial case loads defendant desiring speedy trial therefore within reasonable time special circumstances presenting pressing public need respect case suffice justify delay special considerations case outweigh inevitable personal prejudice resulting delay necessary consider whether prejudice defense trial major evils protected speedy trial guarantee exist quite apart actual possible prejudice accused defense marion supra course cases differ among allowable time charge trial permit prosecution defense adequately prepare case unreasonable delay criminal cases justified simply asserting public resources provided state system limited case must await turn points approach also subverts state goals seeking enforce criminal laws