Barker balancing test
E821191
The Barker balancing test is a legal standard used by U.S. courts to determine whether a defendant’s constitutional right to a speedy trial has been violated by weighing multiple factors such as delay length, reasons for delay, the defendant’s assertion of the right, and resulting prejudice.
Statements (44)
| Predicate | Object |
|---|---|
| instanceOf |
legal test
ⓘ
speedy trial analysis framework ⓘ |
| appliesTo |
Sixth Amendment right to a speedy trial
NERFINISHED
ⓘ
felony prosecutions ⓘ misdemeanor prosecutions ⓘ |
| appliesToParty | criminal defendants ⓘ |
| appliesToStage |
post-accusation delay
ⓘ
pretrial delay ⓘ |
| authority | binding precedent on lower federal courts ⓘ |
| characteristic |
balances interests of the defendant and the government
ⓘ
is flexible rather than mechanical ⓘ no single factor is dispositive ⓘ requires case-by-case analysis ⓘ |
| citedIn |
appellate review of trial delays
ⓘ
speedy trial violation claims ⓘ |
| considersFactor |
defendant’s assertion of the right to a speedy trial
ⓘ
length of delay ⓘ prejudice to the defendant ⓘ reason for the delay ⓘ |
| contrastWith | fixed statutory speedy trial deadlines ⓘ |
| decidedByCourt | Supreme Court of the United States NERFINISHED ⓘ |
| factorCount | 4 ⓘ |
| influencedBy | Sixth Amendment jurisprudence ⓘ |
| inPractice | often applied retrospectively after delay has occurred ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| legalArea |
constitutional criminal procedure
ⓘ
criminal procedure ⓘ |
| legalStandard | constitutional reasonableness ⓘ |
| originatedInCase | Barker v. Wingo NERFINISHED ⓘ |
| prejudiceIncludes |
anxiety and concern of the accused
ⓘ
impairment of the defense ⓘ oppressive pretrial incarceration ⓘ |
| purpose | to determine whether a defendant’s constitutional right to a speedy trial has been violated ⓘ |
| relatedRight |
due process of law
ⓘ
right to a fair trial ⓘ |
| requires | evaluation of totality of the circumstances ⓘ |
| sourceCaseCitation | Barker v. Wingo, 407 U.S. 514 (1972) NERFINISHED ⓘ |
| standardType | balancing test ⓘ |
| triggerCondition | presumptively prejudicial delay ⓘ |
| usedBy |
U.S. federal courts
NERFINISHED
ⓘ
U.S. state courts ⓘ |
| weighsInterest |
defendant’s interest in a speedy trial
ⓘ
government’s interest in orderly prosecution ⓘ |
| yearIntroduced | 1972 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.