The Case Of Barker V. Wingo 407 US 514

Barker v. Wingo 407 U.S. 54 (1972)

Tomica Brown-Wright

Strayer University

SOC 205 Society, Law, and Government

Dr. Terry Lunsford

October 26, 2014

Introduction According to Justia (2014) Barker v. Wingo, 407 U.S. 514 (1972), was a United States Supreme Court case that tried the determinations of whether or not the Sixth Amendment right to a speedy trial for defendants in criminal cases have been violated must be made on a case-by-case basis, and set forth four factors to be considered in the determination the (1) length of delay there isn’t an absolute time limit that is just one factor used in determining whether a speedy trial has been denied. Generally, it is presumed that a defendant was denied a speedy trial if there is a

Wingo was the Sixth Amendment right to a speedy trial. The right to a speedy trial keeps defendants from sitting in jail for an unspecified period of time before trial. It also improves the chances that an adequate defense can be prepared. If a trial is drawn out for a long period of time some witnesses may start to disappear, evidence may be lost or destroyed and memories tend to fade. According to Cornell University Law School (2014), a determination that a defendant has been denied his right to a speedy trial results in a decision to dismiss the indictment or to reverse a conviction in order that the indictment is

Taking these factors into consideration, though, Barker’s conviction was upheld. The court agreed that the period of time between initial arrest and trial over five years was “extraordinary” and that only seven months of the delay was justifiable, which was the period of the ex-sheriff’s