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 New York, the Sixth Amendment rights are upheld and integrated into the state's legal framework. The right to a speedy and public trial is protected under both federal and state law, ensuring that criminal defendants are tried without undue delay and that the proceedings are open to the public to promote transparency. New York courts interpret 'speedy' based on a case-by-case basis, 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 also guaranteed, with jurors selected from the community where the crime occurred. Defendants must be informed of the charges against them, which is typically done through an indictment or an information. The confrontation clause allows defendants to cross-examine witnesses against them, and they also have the right to subpoena witnesses in their favor. Lastly, the right to counsel is a cornerstone of New York's criminal justice system, ensuring that defendants have legal representation. If a defendant cannot afford an attorney, one will be appointed by the court, such as a public defender.