Does a defendant who fails to make a prior demand for a speedy trial have a right to make such a demand?

The court rejected a proposed rule that would require a prior demand for a speedy trial as a prerequisite to consideration of a speedy trial claim. The proposed rule, in effect, presumed a waiver of the constitutional right and was diametrically opposed to the court's pronouncements on waiver of constitutional rights: a waiver requires "'an intentional relinquishment or abandonment of a known right or privilege.' [Citation.]" (Barker v. Wingo, supra, 407 U.S. at p. 525.) Although the court rejected "the rule that a defendant who fails to make a speedy trial demand forever waives his right" (id. at p. 528, fn. omitted), it held the "assertion of or failure to assert [the] right to a speedy trial is one of the factors to be considered in an inquiry into the deprivation of the right." (Ibid.) The court announced four factors to be weighed in deciding a speedy trial claim: "Length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant." (Barker v. Wingo, supra, 407 U.S. at p. 530, fn. omitted.)