The defendant has a right to a public trial. Thus, American courtrooms are open to the public, including journalists. Indeed, the Supreme Court has held that the defendant cannot waive the right to a public trial because the citizenry also shares this right; nor can a judge prohibit the press from reporting on criminal trials. However, this does not mean that cameras (still, moving or television) must be allowed in the court room. Some states, like California, permit live television coverage of criminal trials. Supporters argue that television coverage provides legal education for a vast public that otherwise would never see a criminal trial. Critics contend that TV cameras in the courtroom affect the conduct of the lawyers, judge and jurors, and alter the courtroom atmosphere. There are no cameras in federal courtrooms.

Under the Sixth Amendment, the criminal defendant has a constitutional right to a speedy trial. Statutes of limitation, not the speedy trial right, govern the delay between commission of a crime and the filing of charges. The Constitution dictates that there must not be undue delay between indictment and trial. The Supreme Court, however, has never specified a definite period of time, which, if exceeded, violates this right. Every case has to be assessed individually. Every state has a speedy trial law that establishes time constraints within which the prosecution and the courts must bring the defendant to trial.

The Sixth Amendment also guarantees a criminal defendant the right to a jury trial. However, like most rights, the jury trial right may be waived. The defendant may elect a bench trial before a single judge or plead guilty. Usually, defendants have a better chance of acquittal by a jury. One-fourth to one-third of jury trials end in acquittals. But some defendants prefer a judge to a jury, because they believe a judge would be more likely to see the gaps in the prosecution's case; the judge would sentence more leniently after a "bench" trial; or that the nature of the crime would inflame the jury against the defendant.

Although not constitutionally required, in the federal system and practically every state, the jury must reach a unanimous verdict. A jury that cannot agree is called a "hung jury." In the event of a hung jury, a mistrial is declared, and the prosecution must decide whether to try the defendant again. There is no limit on how many times a defendant can be retried, but very few defendants are tried more than three times.