Compulsory Process Clause

Compulsory Process Clause is a fundamental component of the United States Constitution that guarantees the rights of criminal defendants to obtain witnesses in their favor through a subpoena. It is found in the Sixth Amendment, which is part of the Bill of Rights.

History

The Compulsory Process Clause was included in the Sixth Amendment, which was ratified in 1791. The clause was inspired by the English common law principle that defendants should have the ability to compel the testimony of witnesses in their favor. This principle was considered a fundamental aspect of a fair trial.

Text

The text of the Compulsory Process Clause is as follows: "In all criminal prosecutions, the accused shall enjoy the right...to have compulsory process for obtaining witnesses in his favor."

Interpretation

The United States Supreme Court has interpreted the Compulsory Process Clause to mean that defendants have the right to compel the attendance of witnesses at trial, as well as the right to ensure those witnesses testify truthfully. The Court has also held that the clause guarantees the right to present a defense, and that this right is a fundamental element of due process of law.

Application

The Compulsory Process Clause applies to all stages of criminal proceedings, including pre-trial, trial, and sentencing. It also applies to both federal and state courts, as the Supreme Court has incorporated the clause to the states through the Fourteenth Amendment.

Limitations

While the Compulsory Process Clause guarantees the right to compel witnesses, it does not guarantee the right to compel all witnesses. The Supreme Court has held that the clause does not provide an absolute right to present testimony that is irrelevant, redundant, or privileged.

See also

• Confrontation Clause
• Due Process Clause
• Fifth Amendment
• Fourteenth Amendment

Error creating thumbnail: Unable to save thumbnail to destination

This U.S. Constitution related article is a stub. You can help WikiMD by expanding it.