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 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 means that in South Dakota, anyone charged with a crime will be tried in a timely manner in a court open to the public, and the jury must be composed of impartial members from the local community. The accused must be informed of the charges and evidence against them, be allowed to confront and cross-examine witnesses, have the ability to subpoena witnesses in their defense, and have access to an attorney. If a defendant cannot afford an attorney, one will be provided at no cost. South Dakota state statutes and court rules provide additional details on how these rights are implemented, ensuring that the constitutional protections of the Sixth Amendment are upheld in the state's criminal justice system.