The Short ConstitutionWade, Martin J. (Martin Joseph)
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The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
“_In all criminal prosecutions, the accused shall ... be confronted with
the witnesses against him._”(68)
What does this mean? It means that the government, the prosecution, cannot
prove guilt by witnesses who are not present in court where the defendant
can see them, where they may be cross examined by counsel, where the jury
may observe them, and study their conduct and demeanor, because this often
helps in determining whether a person is telling the truth or a falsehood.
In ordinary trials where property alone is involved, a witness may live in
another State or at some great distance from the place of trial. Witnesses
cannot be brought a long distance in those cases. In some States they
cannot be compelled to attend a distance of more than seventy miles. In
other States, not more than one hundred miles; so that to get their
testimony, the parties take their depositions. This means that instead of
bringing the witness into court, the parties obtain an order by which they
can go to the place where the witness is. There he is sworn before a
commissioner, or a notary public, examined, and his testimony is taken in
writing. The testimony is returned to the court where the trial is to be
held, and is then read to the court or the jury upon the trial.
But in the trial of a person accused of a crime, depositions cannot be
used against him. Statements of witnesses in writing, or in any other
form, cannot be used by the prosecution. The witnesses must be physically
in court before the accused, and there orally testify, and the defendant
must have the right to cross examine them.
But to give the accused person every possible aid in enabling him to have
the truth brought before the court and jury, he may take the depositions
of witnesses in his own behalf. That is, the prosecution—the State or the
Nation accusing a man of a crime—must prove the truth of the accusation by
witnesses personally in court confronting the defendant, but the defendant
is given the privilege of taking the testimony of witnesses at a distance,
in the form of depositions which are read to the jury.
This provision of the Constitution may be very important to an innocent
person sometimes. The importance of it may never appear to us until
unfortunately we be wrongfully accused of a crime, and our life or liberty
in danger.
Then the Constitution further provides:
“_In all criminal prosecutions, the accused shall enjoy the __ right ...
to have compulsory process for obtaining witnesses in his favor._”(69)
This is also very important. “Compulsory process” means an order of the
court, commonly called “subpoena”, which is served upon witnesses by the
marshal, or the sheriff, or other authorized person, commanding them to
appear in court for examination before the court and jury as to the truth
of matters involved in the accusation against a person on trial.
Public-domain text, read in full here on John Shaqi.
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