What are the factors used to determine whether a defendant has a right to a speedy trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Loud Hawk, 741 F.2d 1184 (9th Cir. 1984):

United States v. Macino, 486 F.2d 750, 752 (7th Cir.1973); see United States v. Holt, 448 F.2d 1108, 1109 (D.C.Cir.), cert. denied, 404 U.S. 942, 92 S.Ct. 292, 30 L.Ed.2d 256 (1971).

The other three Barker v. Wingo factors also contribute, on balance, to our conclusion that defendants' speedy trial rights have been violated in this case. The reasons for a large part of the delay weigh against the government, even though to a substantial degree it was court delay. The defendants asserted their rights to a speedy trial. Finally, personal prejudice, while minimal in comparison with that resulting from lengthy incarceration, was nevertheless present. Prejudice to the conduct of the defense is also likely, but the balance tips sharply in defendants' favor without it.

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