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Presentation/PPT
27/08/2022
The Sixth Amendment of the U.S. Constitution is a very prominent amendment and contains several key words that the defendant must be aware of when under investigation and while being questioned by law enforcement. One of the key factors of the Sixth Amendment of the U.S. Constitution is the right to a speedy trial. Cases have been heard at the Supreme Court level regarding violations by police, law enforcement, and other judicial organizations to individuals.
Based on your readings from this unit, identify a case from the Sixth Amendment regarding speedy trial rights, and explain how the case was dismissed/rejected because of a failure to meet the requirements for a speedy trial. Further, provide a four-to eight-sentence synopsis of the case, and explain why it is important to have a speedy trial provision.
REPLY TO MY CLASSMATE’S RESPONSE TO THE ABOVE QUESTIONS AND EXPLAIN WHY YOU AGREE? (A MINIMUM OF 150 WORDS or MORE EACH QUESTION)
In Barker v. Wingo, 407 U.S. 514 (1972), was a case in which the United states Supreme Court held that determinations of whether or not the Sixth Amendment right to speedy trial for defendants in criminal cases has been denied and must be made on case by case basis. The defendant Willie Mae Barker and his accomplice involved in a murder case. Resulting the first of what was to be a series of sixteen continuous of Barker’s trial. One feature knowledge by the court was the length of delay, but the Supreme Court has never explicitly ruled that some particular time limit must apply. Another feature knowledge by the Court was the reason for the delay. As a matter a fact Barker made no objection to the first eleven continuances granted by the state trial court but when the state moved for the twelfth time to continue his case, he filed a motion to dismiss the indictment which was denied. It’s important to note as well that the prosecution may not unreasonably delay the trial for its own advantage. However, a trial may be delayed securing the presence of an absent witness. So, Barker filed a motion to dismiss the indictment on the ground that his speedy trial had been denied and the motion was denied. In addition, other elements to be considered are the time, manner in which the defendant has asserted his right and the degree of prejudice to the defendant which the delay has caused. Furthermore, If it is found that a defendant’s right to a speedy trial was violated, then the indictment must be dismissed and or the conviction overturned. Moreover, when it comes to a reversal or dismissal of a criminal case on speedy trial grounds means that no further prosecution for the alleged offense can take place.
I understand the outcome of the case. Barker v. Wingo case was not as unreasonable as it sounds, you have to make sure everything coordinates, and I do believe it was rightly decided such as this particular case. I must say the demand for a speedy trial was more pretext than sincere assertion of rights. What I am trying to say, that is, the Court specifically noted, Barker’s counsel conceded that he didn’t actually want to have been tried any sooner. That being said, he or his counsel merely saw a potential technically to exploit and decided to go for it.
Barker v. Wingo – 407 U.S. 514 (1972)
“Barker v. Wingo – 407 U.S. 514 (1972).†Community, www.lexisnexis.com/community/casebrief/p/casebrief-barker-v-wingo.
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