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Even where the witness is unavailable, the defendant usually has a right to cross-examine the witness. An exception to this rule, forfeiture by wrongdoing, is discussed below. The more obvious violations of the right to cross-examine witnesses are those where the defendant has never had the opportunity to cross-examine the witness at all, in ...
Washington v. Texas, 388 U.S. 14 (1967), is a United States Supreme Court case in which the Court decided that the Compulsory Process Clause of the Sixth Amendment to the Constitution (guaranteeing the right of a criminal defendant to force the attendance of witnesses for their side) is applicable in state courts as well as federal courts. [1]
This right has a very specific purpose. The focus of the Clause is on getting the truth out of a witness, and allowing a trier of fact to determine whether the witness indeed told the truth. Even given these important goals, this right is not absolute. Admission of out-of-court statements, therefore, is and has been possible.
The grant of immunity impairs the witness's right to invoke the Fifth Amendment protection against self-incrimination as a legal basis for refusing to testify. Per 18 U.S.C. § 6002, a witness who has been granted immunity but refuses to offer testimony to a federal grand jury may be held in contempt.
Maryland v. Craig, 497 U.S. 836 (1990), was a U.S. Supreme Court case involving the Sixth Amendment.The Court ruled that the Sixth Amendment's Confrontation Clause, which provides criminal defendants with the right to confront witnesses against them, did not bar the use of one-way closed-circuit television to present testimony by an alleged child sex abuse victim.
The Compulsory Process Clause gives any criminal defendant the right to call witnesses in his favor. If any such witness refuses to testify, that witness may be compelled to do so by the court at the request of the defendant. [20] [21] However, in some cases the court may refuse to permit a defense witness to testify. For example, if a defense ...
This writ, or form, commands the witness, under penalty, to appear at a trial to give testimony. Thus, the subpoena is the mechanism for compelling the attendance of a witness. [27] [28] [29] Subpoena ensures the right to confront witnesses in a court of law.
A witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial.