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 Montana, as in all states, the Sixth Amendment of the United States Constitution guarantees the rights of criminal defendants, including the right to a speedy and public trial by an impartial jury, the right to be informed of the nature and cause of the accusations, the right to confront witnesses, the right to obtain witnesses in their favor, and the right to have the assistance of an attorney for their defense. Montana's state statutes and court rules work in conjunction with the Sixth Amendment to ensure these rights are upheld. For example, the Montana Code Annotated (MCA) provides details on how juries are selected and the procedures for criminal trials. Additionally, the Public Defender Act ensures that indigent defendants receive legal representation. The confrontation clause, in particular, is a critical aspect of a fair trial, allowing defendants to cross-examine witnesses who testify against them. This right is facilitated by the courts, which have procedures in place to ensure that witnesses can be questioned and challenged by the defense attorney.