Cite as: 528 U. S. 110 (2000)
Opinion of the Court
conditional clause is essential, however: It is not true that any private right that also benefits society cannot be waived. In general, "[i]n an adversary system of criminal justice, the public interest in the administration of justice is protected by the participants in the litigation." Gannett Co. v. DePasquale, 443 U. S. 368, 383 (1979). We allow waiver of numerous constitutional protections for criminal defendants that also serve broader social interests. See, e. g., Adams v. United States ex rel. McCann, 317 U. S. 269, 275 (1942) (waiver of right to jury trial); Johnson, 304 U. S., at 464 (waiver of right to counsel).
Society may well enjoy some benefit from the IAD's time limits: Delay can lead to a less accurate outcome as witnesses become unavailable and memories fade. See, e. g., Sibron v. New York, 392 U. S. 40, 56-57 (1968). On the other hand, some social interests served by prompt trial are less relevant here than elsewhere. For example, because the would-be defendant is already incarcerated in another jurisdiction, society's interests in assuring the defendant's presence at trial and in preventing further criminal activity (or avoiding the costs of pretrial detention) are simply not at issue. Cf. Barker v. Wingo, 407 U. S. 514, 519 (1972). In any case, it cannot be argued that society's interest in the prompt resolution of outstanding charges is so central to the IAD that it is part of the unalterable "statutory policy," Brooklyn Savings Bank, supra, at 704. In fact, the time limits do not apply at all unless either the prisoner or the receiving State files a request.2 Thus, the IAD "contemplate[s] a de-2 This feature, among others, makes respondent's analogy to the federal Speedy Trial Act of 1974, 18 U. S. C. § 3161 et seq., inapt. The time limits of the Speedy Trial Act begin to run automatically rather than upon request, §§ 3161(a), (b); dismissal may sometimes be without prejudice, §§ 3162(a)(1), (2), United States v. Taylor, 487 U. S. 326, 332-333 (1988); and waiver is expressly allowed in certain limited circumstances, 18 U. S. C. § 3162(a)(2). In any event, the question of waiver under the Speedy Trial Act is not before us today, and we express no view on the subject.
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