The following excerpt is from United States v. Bert, Docket No. 14-2428-cr (2nd Cir. 2015):
Furthermore, under a regime that limited the more severe sanction exclusively to cases of intentional misconduct, criminal defendants would have little incentive to alert the court to administrative oversights that held no conceivable promise of precluding reprosecution. See Barker v. Wingo, 407 U.S. 514, 521 (1972) (noting "[d]elay is not an uncommon defense tactic"); accord Caparella, 716 F.2d at 981 ("[A] defendant might find it advantageous to play a waiting game hoping, for example, that government witnesses may disappear or become forgetful."). The complacency of criminal defendants would not, however, further the purposes of the Act, which "serves not only to protect defendants, but also to vindicate the public interest in the swift administration of justice." Bloate v. United States, 559 U.S. 196, 211 (2010).
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