The Sixth Amendment to the United States Constitution provides that a person accused of a crime has the right to be informed of the nature and cause of the accusation, and states that:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”
In Nebraska, the Sixth Amendment rights are upheld through both federal and state laws. The right to be informed of the nature and cause of the accusation ensures that individuals accused of a crime are given formal notice of the charges against them, typically through an indictment or information. Nebraska's court procedures require that the accused receive this information in a timely manner, which is essential for preparing a defense. The right to a speedy and public trial is protected to prevent undue and oppressive incarceration prior to trial, to minimize anxiety and concern of the accused, and to limit the possibility that the defense will be impaired. The trial must be conducted by an impartial jury from the area where the crime occurred. Nebraska law conforms to the federal requirement for jury selection, ensuring that the jury is drawn from a fair cross-section of the community. Additionally, the accused has the right to confront witnesses, which means that during the trial, defendants can cross-examine prosecution witnesses. The compulsory process right allows the accused to obtain witnesses in their favor through the use of subpoenas. Lastly, the right to have the assistance of counsel is fundamental in Nebraska, and if the accused cannot afford an attorney, one will be provided at the state's expense. These rights are foundational to the criminal justice process and are rigorously enforced by Nebraska courts to ensure fair treatment under the law.