Facts and Legal Question in Barker v. Wingo Case - Essay Example

Two more trials were done for Barker, who tried to have his case dismissed for having been denied speedy trial right. This was rejected and he was convicted and issued with a life sentence. Barker’s appeal for the decision finally ended up at the Supreme Court.

Legal QuestionMust the defendant raises a call for his right to a speedy trial in order to have it?DecisionAny inflexible rule cannot determine the constitutional right of the defendant to a speedy trial, but an ad hoc balancing basis can be used instead where the conduct of the prosecution is weighed against the defendants. The court decided that the defendant was never denied his constitutional right to a speedy trial. In the case, after establishing that no serious prosecution prejudice existed and that the defendant never wanted a speedy trial, the court concluded that Barker’s constitutional right to a speedy trial was not violated.

Barker delayed objecting to the delays until after their occurrence. When a defendant has the intention of having a speedy trial, he has an obligation to actively invoke it. The Court decision was thus on point.