<P> A defendant 's rights under the Speedy Trial Clause of the Sixth Amendment are triggered by `` either a formal indictment or information or else the actual restraints imposed by arrest and holding to answer a criminal charge . '' ( As noted above , any delay before this time must be scrutinized under the Due Process Clause of the Fifth Amendment , not the Sixth Amendment 's Speedy Trial Clause . In Barker v. Wingo , 407 U.S. 514 ( 1972 ) , the Supreme Court set out a four - factor test for determining whether delay between the initiation of criminal proceedings and the beginning of trial violates a defendant 's Sixth Amendment right to a speedy trial . The test requires the court to consider the length of the delay , the cause of the delay , the defendant 's assertion of his or her right to a speedy trial , and the presence or absence of prejudice resulting from the delay . </P>
<P> A defendant 's rights under the Speedy Trial Clause of the Sixth Amendment are triggered by `` either a formal indictment or information or else the actual restraints imposed by arrest and holding to answer a criminal charge . '' ( As noted above , any delay before this time must be scrutinized under the Due Process Clause of the Fifth Amendment , not the Sixth Amendment 's Speedy Trial Clause . In Barker v. Wingo , 407 U.S. 514 ( 1972 ) , the Supreme Court set out a four - factor test for determining whether delay between the initiation of criminal proceedings and the beginning of trial violates a defendant 's Sixth Amendment right to a speedy trial . The test requires the court to consider the length of the delay , the cause of the delay , the defendant 's assertion of his or her right to a speedy trial , and the presence or absence of prejudice resulting from the delay . </P>
who is responsible for bringing up the lack of a speedy trial
who is responsible for bringing up the lack of a speedy trial
the defendant
the defendant