who is responsible for bringing up the lack of a speedy trial
Speedy Trial Act 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."[22] (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.[23] 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.[24]
Jury trial Some jurisdictions with jury trials allow the defendant to waive their right to a jury trial, thus leading to a bench trial. Jury trials tend to occur only when a crime is considered serious. In some jurisdictions, such as France and Brazil, jury trials are reserved, and compulsory, for the most severe crimes and are not available for civil cases. In Brazil, for example, trials by jury are applied in cases of voluntary crimes against life, such as first and second degree murder, forced abortion and instigation of suicide, even if only attempted. In others, such as the United Kingdom, jury trials are only available for criminal cases and very specific civil cases (defamation, malicious prosecution, civil fraud and false imprisonment). In the United States, jury trials are available in both civil and criminal cases. In Canada, an individual charged with an indictable offence may elect to be tried by a judge alone in a provincial court, by judge alone in a superior court, or by judge and jury in a superior court; summary offences cannot be tried by jury.