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 21 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
Thanks for the timely response, appreciate it


cam1229

  • Member
  • Posts: 329
Reply 3 on: Yesterday
:D TYSM

 

Did you know?

Oliver Wendell Holmes is credited with introducing the words "anesthesia" and "anesthetic" into the English language in 1846.

Did you know?

About 3.2 billion people, nearly half the world population, are at risk for malaria. In 2015, there are about 214 million malaria cases and an estimated 438,000 malaria deaths.

Did you know?

Signs of depression include feeling sad most of the time for 2 weeks or longer; loss of interest in things normally enjoyed; lack of energy; sleep and appetite disturbances; weight changes; feelings of hopelessness, helplessness, or worthlessness; an inability to make decisions; and thoughts of death and suicide.

Did you know?

In 2006, a generic antinausea drug named ondansetron was approved. It is used to stop nausea and vomiting associated with surgery, chemotherapy, and radiation therapy.

Did you know?

Atropine, along with scopolamine and hyoscyamine, is found in the Datura stramonium plant, which gives hallucinogenic effects and is also known as locoweed.

For a complete list of videos, visit our video library