What is the test for determining whether there is prejudice against a defendant at trial?
California, United States of America
The following excerpt is from People v. Venable, E071681 (Cal. App. 2020):
"Prejudice . . . should be assessed in the light of the interests of defendants which the speedy trial right was designed to protect," namely, "(i) to prevent oppressive pretrial incarceration; (ii) to minimize anxiety and concern of the accused; and (iii) to limit the possibility that the defense will be impaired." (Barker v. Wingo, supra, 407 U.S. at p. 532.)
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