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 South Dakota, as in all states, the Sixth Amendment to the United States Constitution guarantees the rights of criminal defendants, including the right to a speedy and public trial by an impartial jury in the state and district where the crime was committed. This amendment also ensures that defendants are informed of the charges against them, can confront and cross-examine witnesses, have the ability to subpoena witnesses in their defense, and have the right to the assistance of an attorney. South Dakota's state statutes and court rules provide the procedures to enforce these rights. For example, South Dakota codified the right to a speedy trial under SDCL 23A-44-5.1, which requires that a defendant's trial must commence within 180 days of an initial appearance if the defendant is in custody. If the defendant is not in custody, the trial must commence within 12 months of arraignment, barring certain exceptions. The state also has provisions for the selection of an impartial jury and the defendant's right to counsel, ensuring that defendants receive a fair trial in accordance with the Sixth Amendment.