NCJ Number
25271
Journal
Criminal Justice Quarterly Volume: 1 Issue: 1 Dated: (WINTER 1973) Pages: 10-13
Date Published
1973
Length
4 pages
Annotation
IN BARKER, THE U.S. SUPREME COURT REJECTED THE 'DEMAND WAIVER DOCTRINE' WHICH PROVIDED THAT A DEFENDANT WAIVES ANY CONSIDERATION OF HIS RIGHT TO A SPEEDY TRIAL FOR ANY PERIOD PRIOR TO WHICH HE HAS NOT DEMANDED A TRIAL.
Abstract
THE COURT FOUND THAT THE DOCTRINE WAS INCONSISTENT WITH MODERN NOTIONS OF WAIVER OF CONSTITUTIONAL RIGHTS. THE IMPACT OF BARKER ON NEW JERSEY CASE LAW SHOULD NOT BE DRASTIC IN THE AUTHOR'S OPINION, BECAUSE NEW JERSEY COURTS HAVE NOT STRICTLY ADHERED TO A DEMAND REQUIREMENT.