What is the right to a speedy trial?

The right to a speedy trial is found in the sixth amendment to the U.S. Constitution.  It is intended to ensure that a person charged with a federal crime is not subjected to unreasonably lengthy incarceration prior to his trial.  Violations of this right can result in a case being dismissed.  Speedy-trial challenges are subject to a four-factor test established by the U.S. Supreme Court in the case of Barker v. Wingo.  These factors are:

1. The length of delay between being indicted and tried;
2. The reason for the delay
3. Assertion of the right to a speedy trial by the accused; and
4. Prejudice to the accused.

In order to trigger a speedy-trial analysis, an accused person must first show that the length of the delay between indictment and trial was presumptively prejudicial.  Only if this is demonstrated is the court required to examine the other three factors.  Delays exceeding one year are usually found to be presumptively prejudicial.