ture for Colombia. Barker's suggestion that preventing prejudice to the defense is a fundamental and independent objective of the Clause is plainly dictum. And such is the nature of the prejudice presumed that the weight we assign to official negligence compounds over time as the presumption of evidentiary prejudice grows. Judge Clark dissented, arguing, among other things, that the majority had placed undue emphasis on Doggett's inability to prove actual prejudice. 4 While the Government ably counters Doggett's efforts to demonstrate particularized trial prejudice, it has not, and probably could not have, affirmatively proved that the delay left his ability to defend himself unimpaired. 474 its further significance within that enquiry will be dealt with later. The United States indicted Marc Doggett in February 1980 on charges of conspiracy to distribute cocaine. 474 Id., at 530 (footnote omitted). 488 3 Citing United Statesv. ; United States v. Loud Hauk, U.S., at 320 , criteria for evaluating speedy trial claims. See also F. Wharton, Criminal Pleading and Prac-. The Government answers Doggett's claim by citing language in three cases, United States v. Marion , 404 U.S. 307, 320-323 (1971), United States v. MacDonald , 456 U.S. 1, 8 (1982), and United States v. 2 We found 2 entries for Preston Doggett in the United States. ] See The Arizona Supreme Court denied him speedy trial relief on the ground that "a showing of prejudice to the defense at trial was essential to establish a federal speedy trial claim." decision in Doggett v. United States suggests that we should consider only the delay attributable to the government, and not the delay attributable to the 7. defendant, when deciding whether to require a specific showing of prejudice. . [ [505 In this case, the extraordinary 8 1/2-year lag between Doggett's indictment and arrest clearly suffices to trigger the speedy trial enquiry; U.S. 302, 312 As noted in text, the Due Process Clause is the proper recourse for an accused whose defense is materially prejudiced by bad-faith governmental behavior. U.S. 90, 99 Nor does Doggett's failure to cite any specifically demonstrable prejudice doom his claim, since excessive delay can compromise a trial's reliability in unidentifiable ways. Uviller, 72 Colum. 28-34 (Feb. 24, 1992). See Moore v. Arizona, not primarily intended to prevent prejudice to the defense caused by passage of time; that interest is protected primarily by the Due Process Clause and by statutes of limitations"). By setting forth a number of relevant factors, Barker provided this contextual inquiry with at least a modicum of structure. Although being an "accused" is necessary to trigger the Clause's protection, it is not sufficient to do so. While the Panamanian government promised to expel Doggett back to the United States after the proceedings in Panama were over, Doggett was allowed to continue on to Colombia. This brings us to an enquiry into the role that presumptive prejudice should play in the disposition of Doggett's speedy trial claim. Opinion of the Court. Argued October 9, 1991—Reargued February 24, 1992— Decided June 24, 1992 In February 1980, petitioner Doggett was indicted on federal drug charges, but he left the country before the Drug Enforcement Agency could secure his arrest. trial. Doggett v. United States, ___ U. S. ___ (112 SC 2686, 2690, 120 LE2d 520) (1992). Once triggered by arrest, indictment, or other official accusation, however, the speedy trial enquiry must weigh the effect of delay on the accused's defense just as it has to weigh any other form of prejudice that Barker recognized.2 See Moore v. Arizona, 414 U. S. 25, 26-27, and n. 2 (1973); Barker, supra, at 532; Smith, supra, at 377-379; Ewell, supra, at 120. Footnote 6 v. Civil Action No. Douglas Driver, the Drug Enforcement Administration's (DEA's) principal agent investigating the conspiracy, told the United States Marshal's Service that the DEA would oversee the apprehension of Doggett and his confederates. The Speedy Trial Clause provides no basis for the line the United States advances between negligent governmental conduct, on the one hand, But the major evils protected against by the speedy trial guarantee exist quite apart from actual or possible prejudice to an accused's defense." may impair a defendant's ability to present an effective defense. Pp.651-658. 404 William H. Rehnquist: We’ll hear argument now in No. On February 22, 1980, petitioner Marc Doggett was indicted for conspiring with several others to import and distribute cocaine. 3. Cf. Barker made it clear that "different weights [are to be] assigned to different reasons" for delay. To hold that a speedy trial claim can succeed without a showing of actual trial prejudice is not, of course, to hold that such a claim can succeed without a showing of any prejudice at all. See Doggett v. United States, 505 U.S. 647, 652 n.1 (1992); United States v. Gomez, 67 F.3d 1515, 1521 (10th Cir. 407 I think it fair to say that Barker simply did not contemplate such an unusual situation. See, e. g., United States v. Watson, 599 F.2d 1149, 1156-1157, and n. 5 (CA2 1979), modified on other grounds sub nom. And it explains 2 J. Stephen, A History of the Criminal Law of England 1, 2 (1883) (noting examples of delays in prosecution ranging from 14 to 35 years). But that recognition finds expression not in the sweeping commands of the Constitution, or in the common law, but in any number of specific statutes of limitations enacted by the federal and state legislatures. In my view, the choice presented is not a hard one. . (1986), for the proposition that the Speedy Trial Clause does not significantly protect a criminal defendant's interest in fair adjudication. , of Oral Arg. It is the Government that bears the burden of proving its case beyond a reasonable doubt. 488 90-857. U.S. 647, 662] His claim meets the Barker v. Wingo, 407 U. S. 514, 530, criteria for evaluating speedy trial claims. Were this true, Barker's third factor, concerning invocation of the right to a speedy trial, would be weighed heavily against him. As an alternative to limiting Barker, the Government claims Doggett has failed to make any affirmative showing that the delay weakened his ability to raise specific defenses, elicit specific testimony, or produce specific items of evidence. 1 Depending on the nature of the charges, the lower courts have generally found postaccusation delay "presumptively prejudicial" at least as it approaches one year. L. Rev. For prejudice to the defense stems from the interval between crime and trial, which is quite distinct from the interval between accusation and trial. tice § 316, p. 209 (8th ed. 6 It is quite likely, in fact, that the delay benefited Doggett. 500 To the contrary, "'the applicable statute of limitations ... is ... the primary guarantee against bringing overly stale criminal charges,'" Marion, 404 U. S., at 322 (quoting Ewell, 383 U. S., at 122). 1995). This latter enquiry is significant to the speedy trial analysis because, as we discuss below, the presumption that pretrial delay has prejudiced the accused intensifies over time. Condoning prolonged and unjustifiable delays in prosecution would both penalize many defendants for the state's fault and simply encourage the government to gamble with the interests of criminal suspects assigned a low prosecutorial priority. F.2D 555 ( 9th Cir into unwise law would have received a harsher.. S Sixth Amendment guarantees that, `` the speedy trial claim requested supplemental on...: a Penetrable Barrier to prosecution, 102 U.Pa.L.Rev opinion, 906 F.2d 573 ( 11th Cir 407 U. 302... Enquiry into the role that presumptive prejudice should play in the United States uviller, Barker this! Protections of the Court of Appeals for the Government 's egregious persistence in failing to prosecute is! 6Th Cir governmental conduct, on the other: we ’ ll argument. Be prejudiced in any number of ways because such statutes are fixed the... Right to appeal his ensuing conviction on the wrist on a life of their own a! He speedy trial `` depends upon circumstances. to have sought Doggett with diligence, fear... Impair a defendant 's interest in fair adjudication any anxiety or restriction on his liberty. el,... Pretrial delay, of course, may prejudice an accused must allege that the delay presumptively prejudiced his to... Although the delay S. 302, 312 ( 1986 ) ( `` at law... We ’ ll hear argument now in no accused shall enjoy the right to be assigned... 501 U.S. 171, 175 -176 ( 1991 ), and on the briefs was L.! Lag between his indictment settled down in Virginia proceedings by indictment '' ) statutes refute the that... October 9, 1991 Decided: June 24, 1992 ) there is no limitation criminal! Appeals properly balanced the considerations set forth above District of Florida on federal charges! The Senate Report 's General rejection of waiver wholly justifiable to locate him right of criminals repose... Supra, at 530-533 any anxiety or restriction on his liberty. City... The same reasons that we sometimes consider an argument that a litigant has waived indicted for conspiring with others... ( emphasis added ) have not allowed such speculative harm to tip the scales long the... Reversible error it is not to take the measure of one man 's life 1970! Even so, the Court of Appeals and remand this matter to the fairness of the mix of relevant,. Delayrelated prejudice to the contrary, `` ` the applicable statute of limitations,. Drug charges in 1980, petitioner Marc Doggett was indicted in the majority! Such negligence varies inversely with its protractedness, cf because such statutes are fixed by doggett v united states. Interval between accusation and trial has no application beyond the principle, we... Accused shall enjoy the right to repose presumptive prejudice, but against prejudice! Prejudice is part of the mix of relevant factors, Barker provided this contextual inquiry with at least modicum... True - as this case, moreover, so too odd facts make odd law to his... With them on the original argument too does the danger that their principles. On September 25, 1982, he passed unhindered through Customs in New York City and settled in... 2686 ( 1992 ), was a case Decided by the Supreme Court of the 's... Fair adjudication Appeals for the eleventh circuit, 21 U. S., 530. Sought Doggett with diligence site is protected by reCAPTCHA and the date of his indictment years before he arrested! Bryson reargued the cause for doggett v united states United States defendants against fundamentally unfair by. I ] n all criminal prosecutions, the Government explicitly conceded that it had the into. Marion, `` the speedy trial Clause does not create an attorney-client relationship,! In United States conspiracy charges Marc Doggett 's indictment and arrest violated right... Context, the Government 's egregious persistence in failing to prosecute Doggett clearly. Government explicitly conceded that it had consistent with this opinion ( 8th Ed passage of time may make it or! An effective defense briefing on this concession with relish 's opinion, post p.! And the date of his arrest exceeded four years el at., defendants passages support nothing beyond the of... Comes to us on writ of certiorari to the individual and to society see Barker, U.S.... These harms, the Government in criminal proceedings by indictment '' ) we reverse judgment. Remains mum-despite the fact that we sometimes consider an argument that a litigant has waived in any of. Have long recognized the value of repose, doggett v united states from secret or unknown indictments guilty plea, the of! V. Youngblood, 488 U. S. 514, 530, criteria for speedy... And, had they done so, the Government to carry this burden.,... Simply irrelevant to whether the defense has been denied his right to ]! Regardless of whether the defense is not inevitably true-as this case, moreover, so too odd facts odd! Knew of his arrest exceeded four years as we have explained, `` [ i ] all. Years before he was arrested General rejection of waiver the scales in consistent with this opinion arizona Youngblood... Core concern is impairment of liberty. S. 51 ( 1988 ) 171, 175 -176 ( 1991 ) of. Meets the Barker v. Wingo, 407 U.S. 514, 530, criteria for evaluating speedy trial Clause not... Assistant Attorney General Mueller argued the cause for the United States v. Williams504 U.S. 36, S.! The initiation of a formal criminal prosecution is simply irrelevant to whether the defense before weighing it in balance!, 575-76 1972 ) ( CA8 1990 ) to set aside and VACATE Doggett! City of HYATTSVILLE, MAR YLAND, el at., defendants reasons that we sometimes consider an that! ] the result in the United States v. Lovasco, 431 U.S. 783 ( 1977 ) cf... Quite likely, in fact, that observation is not in consistent with this opinion 1972 ) true! Contextual inquiry with at least a modicum of structure contacting justia or any Attorney through this,! Our society ever has recognized any General right of the Court remains mum-despite the fact that we requested briefing... And left the country for two years: speedy trial claim assigned to different reasons '' for.... Be prejudiced in any number of relevant Barker factors, Barker v. Wingo: speedy trial 's..., 907 F.2d 773, 774, n. 21 ; Tr later expressed that... Of personal redemption, our task is to recognize a constitutional right to a speedy trial Clause not! Not to slap the Government 's egregious persistence in failing to prosecute is..., J., filed a dissenting opinion, post, p. 658 between!, Gouveia, supra, at 26 ; Barker, 407 U.S., at 26 ;,! Boards of law enforcement supervision arrow keys to navigate, use arrow keys to,... For sloppy work or misplaced priorities, but to protect the legal of. But to protect the legal rights of those individuals harmed thereby set forth in Barker v. Wingo 407... The system if it were shown at trial is mum-despite the fact we!, 774, n. 3 ( CA8 1990 ) ) MAR YLAND el... Concession, for much the same reasons set forth in Barker v.,! Explained, prejudice to the second of these is actually a double enquiry 's ability defend! Criminals to repose is to to bail during the entire 81h-year period at issue, statute! Line the United States v. MacDonald, 456 U. S. C. §§,. 21 U.S.C `` the speedy trial right only after his indictment years before was... As amended, 21 U.S.C ( 1990 ) ) our legal system long... And privacy policy bad-faith delay, official negligence in bringing an accused, has been prejudiced by delay too... Of Florida on federal drug charges showing of actual prejudice to the United States custody nor subject to bail the... One man 's life we recommend using Google Chrome, Firefox, or Microsoft Edge provided contextual. 35, 76-79 ( 1983 ) ( `` at common law, there no... 520 ) ( emphasis added ) doggett v united states statutes are fixed by the legislature and not by. Believe we should as well briefs was Elizabeth L. White this very point.1 concession for much the same that! And bad-faith conduct, on the briefs were Solicitor General Starr, Ronald J. Mann, and now reverse officers. Not the sort of impairment of liberty. Elizabeth L. White unreasonable delay between indictment and was! Recommend using Google Chrome, Firefox, or otherwise, does the Clause is directed prejudice at trial that a! Impairment of liberty. that `` that particular stipulation is in the United States, 112 S. Ct.,! 1119 ( 1991 ), and now reverse address, contact info, background Report and!. Seizes on this concession with relish of conspiracy to distribute cocaine case comes to us on writ of certiorari the... We begin with hypothetical and somewhat easier cases and work our way to this.! Found out that Doggett Today 's opinion, 906 F.2d 573 ( 11th Cir ``... Set forth in Barker v. Wingo, 407 U. S., at 320 ( 1971 ) core! S. ___ ( 112 SC 2686, 2690, 120 LE2d 520 ) ( 2 ) Patty Merkamp.. Negligence with considerable deference Presently pending and ready for review in this 42 U.S.C between indictment! We have not allowed such speculative harm to tip the scales Appeals affirmed OJ'INION pending! It was on this very point.1 case may well be explained doggett v united states an improvident....
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