compulsory process


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Words related to compulsory process

the right of a defendant to have a court use its subpoena power to compel the appearance of material witnesses before the court

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References in periodicals archive ?
3) But that holding is in tension with an oft-repeated principle running through the Court's due process and compulsory process jurisprudence: providing defendants with information relevant to the preparation of their defense enables the adversary system to properly function so that juries can adjudicate accurately and judges can sentence fairly.
I, [section] 16 "In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation, and shall be furnished a copy of the charges, and shall have the right to have compulsory process for witnesses, to confront at trial adverse witnesses, to be heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed.
The power of compulsory process in the military court system is contained in Articles 46, 47, and 48 of the UCMJ.
The district court also weighed the availability of compulsory process in favor of Brazil.
unconstitutionally deprived Taylor of his right to compulsory process.
If the Department continues to ignore the Committee's request, we will consider the use of compulsory process," the lawmakers said in the new letter.
2) By considering a defendant's right to compulsory process, this essay argues that this negative answer must apply with equal force to the proposition presently before the Court.
This edition has new and expanded sections on areas such as bail, double jeopardy, plea bargaining, competency issues, speedy trial, computer forensics, GPS tracking, cell-site data searches, monitoring of social networking sites, data stored in computers in motor vehicles, DNA searches, the TSA's use of more invasive pat downs and advanced imaging technologies, wrongful convictions, statutes of limitations, the Confrontation Clause, compulsory process, and the major rules of evidence; a new practice element to help students connect criminal procedure to the real world and evaluate actual cases; updated citations to the most recent case law; added cases; and other changes.
ESGR policy specifies that an ombudsman or other neutrals assisting the parties shall not disclose information "voluntarily" or through discovery or compulsory process, or be required to disclose any dispute resolution communication or any communication provided in confidence to the neutral.
existing authorities and their access to SCA compulsory process.
Those who oppose this action will be hoping that further delays caused by the compulsory process could finally halt the project.
The commission voted in May to use a compulsory process for the homeowners study and is using that authority to compel responses from nine insurers: State Farm Mutual Automobile Insurance Co.
Anderson stated his requests, and the House granted him counsel, compulsory process for defense witnesses, and a copy, of the accusatory letter.
Sixth Amendment--In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
But when school officials took notice of a downtown parking lot and an adjacent space that altogether offered some 29,000-square-feet of promise, they decided to use eminent domain to acquire the land, a compulsory process that ultimately saw the owners of the property paid nearly $2 million by the Peralta Community College District board of trustees.