Barker v. Wingo
A plain-English summary from Criminal Defense Resources™, a free resource for pro per/pro se defendants and their families.
- Court
- U.S. Supreme Court
- Decided
- Citation
- 407 U.S. 514 (1972)
- Topics
- Speedy Trial
What did the court decide?
The Court held that the constitutional right to a speedy trial has no fixed deadline. Instead, courts weigh four factors: how long the delay was, the reason for it, whether and when the defendant asserted the right, and whether the delay harmed the defendant.
Why does it matter?
The four "Barker factors" are used in almost every constitutional speedy-trial claim. Many states also have their own speedy-trial statutes or court-rule time limits (Arizona's Rule 8 is one example), which work separately from the Constitution.
Where can I read the full opinion?
Read the full opinion on Cornell Law School LII →
Always read the full opinion and check whether later cases have limited or changed it. A summary can leave out important details.