What is the proper standard for evaluating pre-accusation delay?

QUESTION PRESENTED For more than 30 years, lower courts have divided over the proper standard for evaluating a claim of pre-accusation delay. There are two primary tests: a strict two-pronged approach and a balancing test. Both tests require the defendant to prove actual prejudice. The split comes in the second prong. Under the strict two-pronged approach, once a defendant shows prejudice, the defendant must also prove that the prosecutor intentionally delayed bringing charges for a malicious purpose. Under the balancing test, once the defendant shows prejudice, the prosecution explains the reasons for delay. The court then balances the reasons for delay against the prejudice caused by the delay. This case squarely presents the issue that has divided courts for three decades: What is the proper standard for evaluating pre-accusation delay? ii