This topic contains a solution. Click here to go to the answer

Author Question: Explain both elements of the right to compulsory process. What will be an ideal ... (Read 14 times)

jc611

  • Hero Member
  • *****
  • Posts: 552
Explain both elements of the right to compulsory process.
 
  What will be an ideal response?

Question 2

Summarize two Supreme Court decisions that address compulsory process: one in favor of the defense and another against the defense.
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

sylvia

  • Sr. Member
  • ****
  • Posts: 331
Answer to Question 1

The right to compulsory process was incorporated to the states in Washington v. Texas, 388 U.S. 14 (1967), in which the Supreme Court stated that compulsory process protects the right to offer the testimony of witnesses, and to compel their attendance.

Answer to Question 2

In Roviaro v. United States, 353 U.S. 53 (1957), the prosecution refused to provide the defense with the identity of a police informant. The Court recognized that the government had a significant interest in concealing the identity of the informant, mainly to further its efforts in combating the trafficking of illicit drugs. But the Court also found that the defendant's right to confrontation was denied by the prosecution's refusal to release the witness's identity.

In United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), the defendant was charged with transporting illegal narcotics. He was arrested along with three other individuals who were unlawfully in the United States. Immigration officials concluded that two of the three aliens were not needed for the prosecution, so it deported them. The defendant then argued that his right to compulsory process was violated by the deportation. Surprisingly, the Court held that the government's interest in deporting illegal aliens and minimizing overcrowding in detention facilities outweighed the defendant's interest in mounting an effective defense. The Court concluded that the defendant did not offer a valid reason why the two deported witnesses were necessary for his defense.




jc611

  • Member
  • Posts: 552
Reply 2 on: Aug 17, 2018
YES! Correct, THANKS for helping me on my review


marict

  • Member
  • Posts: 304
Reply 3 on: Yesterday
Gracias!

 

Did you know?

The longest a person has survived after a heart transplant is 24 years.

Did you know?

In the ancient and medieval periods, dysentery killed about ? of all babies before they reach 12 months of age. The disease was transferred through contaminated drinking water, because there was no way to adequately dispose of sewage, which contaminated the water.

Did you know?

Cytomegalovirus affects nearly the same amount of newborns every year as Down syndrome.

Did you know?

Malaria was not eliminated in the United States until 1951. The term eliminated means that no new cases arise in a country for 3 years.

Did you know?

More than 20 million Americans cite use of marijuana within the past 30 days, according to the National Survey on Drug Use and Health (NSDUH). More than 8 million admit to using it almost every day.

For a complete list of videos, visit our video library