MBE Rules · Criminal Procedure
Speedy trial — 6A
Barker v. Wingo
The rule
Four-factor balancing: (1) length of delay, (2) reason for delay, (3) defendant's assertion of the right, (4) prejudice to defendant. Length of delay is the trigger; once presumptively prejudicial (often 1 year+), full Barker analysis. Remedy is dismissal with prejudice.
In plain English
The right to a speedy trial means the court looks at how long the trial is delayed and why, if the defendant complained about it, and if the delay hurt the defendant's case.
Worked example
The defendant's trial was delayed for 14 months because the prosecutor was busy with other cases. The defendant repeatedly asked for a trial. The court found the delay excessive and dismissed the charges.
Memory hook
Delay Dilemma: Time Ticks, Rights Flick. Delay over a year? Weigh four factors to dismiss.
The trap
Students think: Any delay violates speedy trial. Wrong, because delay must be presumptively prejudicial. The actual test is Barker's four-factor balancing.
How examiners test it
MBE loves: over a year delay, defendant waits to assert right. Trap: assuming delay alone leads to dismissal. Test: weigh all Barker factors.
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