Compulsory Process in the United States
The Sixth Amendment right of an accused person to have witnesses in his or her favor. Compulsory process protects the defendant’s right to present a defense that includes witnesses who may not want to appear voluntarily. A defendant may subpoena a party and compel his or her presence. A subpoena is the command of a court requiring a person to appear at a legal proceeding and offer testimony on a particular matter. A subpoena duces tecum is a process by which physical items such as papers or records are produced at such a proceeding.
See Also
Analysis and Relevance
The constitutional right to compulsory process was extended to the states in Washington v. Texas (388 U.S. 14: 1967), in which the Supreme Court determined that the right was fundamental. The compulsory process provision has been interpreted more broadly than the right to subpoena witnesses. It has been held to prevent a state from denying access to certain categories of witnesses, such as coparticipants in an alleged crime. Similarly, it prevents a state from creating situations in which the testimony by a witness for the defense is diminished in value by a judicial action or jury instruction. For example, the Supreme Court found a compulsory process violation in Webb v. Texas (409 U.S. 95: 1972), a case that involved judicial intimidation of a defense witness. The witness, serving a sentence for a prior conviction, was admonished by the trial judge about the “dangers of perjury,” how a perjury conviction would mean substantial supplement of the sentence being served, and how perjury would impair chances of parole. The witness decided not to testify, and Webb argued that his only witness had been coerced into not testifying by the judge. The Supreme Court agreed. It cited the judge’s “threatening” remarks as effectively driving the witness from the witness stand, resulting in the impairment of Webb’s defense.
Notes and References
- Definition of Compulsory Process from the American Law Dictionary, 1991, California
Compulsory Process in the United States
Right to Compulsory Process
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled COMPULSORY PROCESS, RIGHT TOThe first state to adopt a constitution following the Declaration of Independence (New Jersey, 1776) guaranteed all criminal defendants the same “privileges of witnesses” as their prosecutors. Fifteen years later, in enumerating the constitutional rights of accused
(read more about Constitutional law entries here).
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