US SC: speedy trail serves at least three basic functions:

Speedy trail decisions are based on a balancing test using four factors:

The length of delay

The reason for the delay

Whether the defendant has asserted his right to a speedy trail

Any prejudice caused the defendant by the delay

To raise the issue of speedy trail, there must be a significant time delay between the time a defendant is arrested or indicted and when her is tried.

If the delay is exceedingly long, a court will presume that the delay has prejudiced the defendant.

If there is a lengthy delay following a defense demand for a prompt trial, the primary focus would be on the cause of the delay.

A defendant who has waived time or has agreed to a continuance will not succeed on a speedy trial motion.

The lack of an affirmative justification for the delay was critical.

There was no demand by defendant, but he did not know there were charges pending.

Government negligence was the cause of the delay—speedy trial was violated

In cases involving serious crimes, there is the right to trial by jury.

The accused may waive the right to a jury trial and request a court trial.

The judge can refuse a defendants request for a court trail and force a jury trail.

The right to a jury trial is not absolute

Petty offenses can be tried without a jury

At common law criminal trails were held with twelve jurors.

In this case the court ruled that in non-capital cases as few as six would be constitutional, provided that the verdict is unanimous.

The 6^th Amendment guarantees the right to a public trial.

There is no constitutional definition of what constitutes public

As a general rule, this means that the public has the right to attend.

This does not mean that ALL the public has the right to attend—just what can fit into a reasonable sized courtroom

Judges can clear disruptive courtrooms