State constitutions usually contain a provision similar to that found in the federal constitution, that " In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial" (Amend. VI). But these provisions are rather directory than mandatory in character. The accused cannot insist on a trial otherwise than in accordance with the usual and recognized method of procedure in a court of justice, and it may result that even against his will the trial is postponed until his guilt can be properly investigated and the evidence against him secured. Statutory provision is usually made, however, for giving preference to criminal over civil cases, so that the trial of criminal prosecutions may be had as soon as practicable, and it is not uncommon to provide that one accused of crime shall be released after the second term of court at which he might have been tried has passed without his case being reached, unless his own fault or request or some unusual emergency has brought about a further postponement.

By public trial is meant a trial in open court and this is the usual method of procedure in all American judicial tribunals. The requirement of a public trial does not, however, prevent the exclusion from the court room of witnesses, for the purpose of preventing them from hearing the testimony given by other witnesses so as to be able to conform their own testimony to that of others whom they may be called upon to corroborate or controvert; nor does it prevent the like exclusion of children, or even the general public who have no direct interest in the case, in prosecutions which are of such character that their presence might tend to the corruption of their morals or the morals of the community.