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 Nebraska, 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. Nebraska courts interpret 'speedy' based on the circumstances of each case, considering factors such as the length of the delay, the reason for the delay, the defendant's assertion of their right, and prejudice to the defendant. The right to an impartial jury is facilitated by selecting jurors from a fair cross-section of the community in the district where the crime occurred. Nebraska law requires that the accused be informed of the charges against them, which is typically done through an indictment or information. The accused also has the right to confront witnesses against them, which includes cross-examination in court. The compulsory process clause allows the defendant to obtain witnesses in their favor through subpoenas. Lastly, the right to have the assistance of counsel is fundamental in Nebraska, and if the accused cannot afford an attorney, one will be appointed by the court, as per the Public Defender Act. These rights are foundational to the criminal justice process in Nebraska and are enforced by state statutes, court rules, and case law interpretations.