Cite as: 505 U. S. 647 (1992)
Thomas, J., dissenting
Therefore, I see no basis for the Court's conclusion that Doggett is entitled to relief under the Speedy Trial Clause simply because the Government was negligent in prosecuting him and because the resulting delay may have prejudiced his defense.
B
It remains to be considered, however, whether Doggett is entitled to relief under the Speedy Trial Clause because of the disruption of his life years after the criminal events at issue. In other words, does the Clause protect a right to repose, free from secret or unknown indictments? In my view, it does not, for much the same reasons set forth above.
The common law recognized no right of criminals to repose. "The maxim of our law has always been 'Nullum tempus occurrit regi,' ['time does not run against the king'], and as a criminal trial is regarded as an action by the king, it follows that it may be brought at any time." 2 J. Stephen, A History of the Criminal Law of England 1, 2 (1883) (noting examples of delays in prosecution ranging from 14 to 35 years). See also F. Wharton, Criminal Pleading and Pracone hand, and bad-faith conduct, on the other. As noted in text, the Due Process Clause is the proper recourse for an accused whose defense is materially prejudiced by bad-faith governmental behavior. See United States v. Lovasco, 431 U. S. 783 (1977); cf. Arizona v. Youngblood, 488 U. S. 51 (1988).
The Court, thus, is certainly entitled to decide this particular case adversely to the United States on the ground that the concession undercut the Government's entire argument. But the Court goes much further. It affirmatively endorses the point conceded, thereby embedding in the law the mischievous notion that a defendant is entitled to the protection of the Speedy Trial Clause even though he has suffered none of the harms against which the Clause protects, as long as the government's conduct is sufficiently culpable. I would disregard the concession, for much the same reasons that we sometimes consider an argument that a litigant has waived. See, e. g., Arcadia v. Ohio Power Co., 498 U. S. 73, 77 (1990); Kamen v. Kemper Financial Services, Inc., 500 U. S. 90, 99-100 (1991); United States v. Burke, 504 U. S. 229, 246 (1992) (Scalia, J., concurring in judgment). I see little sense in elevating an unwise concession into unwise law.
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