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 Illinois, as in all states, the Sixth Amendment to 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 state of Illinois must follow federal law, which requires that the district be established by law prior to the offense. Defendants also have the right to be informed of the charges against them, to confront and cross-examine the witnesses who testify against them (the Confrontation Clause), to subpoena witnesses in their favor (compulsory process), and to have the assistance of an attorney for their defense. Illinois state statutes and court rules provide the procedures to implement these rights, including rules for the selection of a fair and impartial jury, the timing of trials, and the conduct of pre-trial discovery and the trial itself. If a defendant cannot afford an attorney, the state is required to provide one, typically a public defender.