The Sixth Amendment to the United States Constitution provides that a person accused of a crime has the right to a speedy and public trial, 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 Arkansas, the Sixth Amendment rights are upheld through both federal and state laws. The right to a speedy and public trial is guaranteed to ensure that a person accused of a crime does not suffer from undue and prolonged incarceration before trial and to minimize the impairment of liberty. Arkansas Rule of Criminal Procedure 28 outlines the state's specific provisions for a speedy trial, setting time limits for when a trial must commence based on the nature of the offense. Additionally, the accused has the right to an impartial jury, which in Arkansas means a jury selected from a fair cross-section of the community without arbitrary exclusion. The jury is typically composed of residents from the judicial district where the crime occurred. The accused must also be informed of the charges against them, which is typically done through an indictment or information. The right to confront witnesses is facilitated through the criminal procedure, allowing cross-examination of prosecution witnesses and the right to present one's own witnesses. Lastly, the right to have the assistance of counsel is fundamental in Arkansas, and if the accused cannot afford an attorney, one will be appointed by the court, as per the Public Defender Commission guidelines and relevant state statutes.