Hell Comes with High Water: Hurricanes, Climate Change, and Louisiana's Dire Warning About the Erosion of Our Speedy Trial Right

The Sixth Amendment Speedy Trial Clause purportedly protects against undue delays in criminal cases. In order to obtain relief for a speedy trial violation, a defendant must show that a delay has lasted so long as to trigger the four-factor test in Barker v. Wingo (1972). Over time, however, states have codified procedural barriers to this speedy trial analysis. Simultaneously, courts have eroded Barker itself, namely by excusing “neutral” delays and by shifting the burden of proving prejudice resulting from such delays onto defendants. Louisiana is a particularly egregious example of these concerning trends, partly because hurricanes regularly disrupt the state’s criminal legal system, generating a large number of speedy trial claims. Especially as climate change increases the frequency and intensity of natural disasters countrywide, Louisiana’s treacherous laws and flagrant manipulation of Barker serve as a dire warning: We must restore speedy trial protections nationally. Using Louisiana as a case study, and drawing parallels to Florida and Texas, this Note identifies possible legislative and judicial solutions.