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Second, the Founding Fathers sought to ensure a defendant's right to a fair trial.

The longer the commencement of trial is postponed, the more likely it is that witnesses will disappear, memories will fade, and evidence will be lost or destroyed.

However, the fairness requirements of the Due Process Clause apply during each juncture of a criminal case, and an unreasonably excessive delay can be challenged under this constitutional provision even if the delay occurs before formal accusation or after conviction. Instead, the Court has developed a Balancing test in which the length of delay is just one factor to be considered when evaluating the merits of a speedy trial claim.

The other factors to be considered by a court include the reason for the delay, the severity of prejudice suffered by the defendant from the delay, and the stage during the criminal proceedings at which the defendant asserted the right to a speedy trial.

If then, they inundate us with their products, it is because they expect to be inundated with ours.A delay of at least one year in bringing a defendant to trial following arrest will trigger a presumption that the Sixth Amendment has been violated, with the level of judicial scrutiny increasing in direct proportion to the length of delay.A longer delay may be deemed constitutional, however, and a shorter delay may be deemed unconstitutional, depending on the circumstances.But you probably won't remember any of it tomorrow.Collins English Dictionary - Complete & Unabridged 2012 Digital Edition © William Collins Sons & Co.

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