Also known as: Speedy-Trial Clause · Sixth Amendment speedy trial · speedy trial right
Written by attorneys · grounded in primary & secondary sources — see below
The constitutional command in the Sixth Amendment that in all criminal prosecutions the accused shall enjoy the right to a speedy trial. The right attaches upon arrest or formal accusation and detaches upon conviction. Courts determine whether a violation has occurred by balancing the length of the delay, the reason for the delay, the defendant's assertion of the right, and prejudice to the defendant.
Spencer Silver was indicted on bribery charges. Court congestion and the prosecutor's decision to try alleged bribe payers first postponed his trial for six years. Silver occasionally agreed to continuances but later filed written demands for trial. Key defense witnesses retired or died during the delay, impairing his ability to present a defense.
Steven Silva learned of an indictment filed against him eight years earlier only upon his arrest. The government offered no justification for the pre-arrest delay. Silva promptly asserted his speedy trial right after arrest. The court held that the pre-indictment period did not trigger the Speedy Trial Clause.
Select any source to read its text and confirm it supports the definition.
Skylar Sullivan was convicted of theft and awaited sentencing for fourteen months. The delay resulted from routine administrative backlog. Sullivan argued that the Speedy Trial Clause required dismissal of the charges. The court ruled that the clause does not apply after conviction.
Sarah Sullivan was arrested and brought before a magistrate for an initial appearance on fraud charges. The county failed to appoint counsel or set a trial date for over a year. Sullivan moved to dismiss on speedy trial grounds. The court held that the right attached at the initial appearance when she was formally accused.
Dismissal of the charges with prejudice is the only remedy. The conviction must be vacated and the indictment dismissed.
Supporting sources
The right attaches upon arrest or formal accusation such as indictment or information. It does not apply to pre-accusation delay, which is governed by statutes of limitations and due process.
Supporting sources
No. Once a defendant has been convicted or pleaded guilty, delays in sentencing are governed by due process rather than the Speedy Trial Clause.
Supporting sources
Courts apply a balancing test that weighs the length of the delay, the reason for the delay, the defendant's assertion of the right, and prejudice to the defendant. No single factor is necessary or sufficient.
Supporting sources
The period between dismissal and refiling is not counted toward the speedy trial period because the right does not run when no charges are pending.
Supporting sources
…conduct to determine if a given sentence is constitutionally disproportionate is similar to the type of inquiry required by the Speedy Trial Clause. The right to a jury trial is another example. Baldwin v. New York, 399 U. S. 66 (1970), in particular, illustrates the line-drawing function of the judiciary, and offers guidance on…