The Sixth Amendment to the United States Constitution provides that a person accused of a crime has the right to be confronted with the witnesses against him (the confrontation clause), 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 Hawaii, as in all states, the Sixth Amendment of the United States Constitution guarantees criminal defendants certain rights to ensure a fair trial. These rights include the right to a speedy and public trial by an impartial jury in the state and district where the crime was committed, the right to be informed of the nature and cause of the accusations, the right to confront and cross-examine witnesses against them, the right to subpoena witnesses in their favor, and the right to have the assistance of an attorney for their defense. Hawaii state statutes and court rules provide the procedures to enforce these rights. For example, Hawaii Rules of Penal Procedure outline the specifics of how trials are to be conducted, including the selection of a jury and the process for witness examination. If a defendant cannot afford an attorney, one will be appointed by the court, as per the Hawaii Public Defender's office or court-appointed counsel. These rights are fundamental to the criminal justice process and are rigorously protected by both federal and state law.