compulsory process clause of the sixth amendment


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  • What did Peter Westen say about the Compulsory Process Clause?

    Peter Westen, The Compulsory Process Clause, 73 Mich. L. Rev. 71 (1974). Concluding that the Compulsory Process Clause was a development of English criminal trial procedure that was viewed as so essential by the new states that most included it in their state constitutions and insisted it be in the federal Constitution.

  • Is the Compulsory Process Clause a broad right?

    Arguing that the Compulsory Process Clause was intended to be a broad right giving defendants the right to present a strong defense, not a limited right to call witnesses by subpoena, and was not subject to much debate. Megan A. Healy, Compulsory Process and the War on Terror: A Proposed Framework, 90 Minn. L. Rev. 1821 (2006).

  • What is compulsory process in a criminal case?

    In all criminal prosecutions, the accused shall enjoy the right...to have compulsory process for obtaining witnesses in his favor. The Compulsory Process Clause was part of the Sixth Amendment, which was ratified in 1791.

  • What is the mandatory process clause in a criminal case?

    The Compulsory Process Clause within the Sixth Amendment to the United States Constitution lets criminal case defendants attain witnesses in their favor by way of a court-ordered subpoena.

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