The Right to Compulsory Process Interactions








Bart has asked his father to testify on his behalf at his upcoming trial. Bart’s father says he has a beer tasting to attend that day and can’t make it, sorry. Which of the following should Bart’s attorney request of the court?
Choice 1 Issue a subpoena requiring the father’s attendance on the appropriate day.
Choice 2 Issue a bench warrant calling for the father’s arrest for contempt of court.
Choice 3 Send a bailiff to the father’s home the day he is to testify to personally escort him to the courthouse.
Choice 4 Request that all charges be dismissed because not all necessary testimony can be secured.
Bart’s father receives and ignores the subpoena to appear. Bart’s attorney requests that the judge issues a bench warrant for his arrest. Will the bench warrant issue?
Choice 1 Yes, because this is the next appropriate step in attempting to secure the father’s testimony.
Choice 2 Yes, because a judge must issue a bench warrant whenever it is requested by the defense.
Choice 3 No, because only a law enforcement officer can request warrants from a judge.
Choice 4 No, because unless it is demonstrated that he willfully ignored the subpoena an arrest warrant cannot be issued.

When Homer finally appears to testify the judge gives him the following warning: “We’ve been waiting a while for you, sir, and I do hope it was worth the wait. Be aware that I don’t like drunks, my uncle was a drunk. I don’t like people coming in here smelling of beer and making stuff up on the stand, and I’ve been known to throw a guy or two like that in the jail downstairs for a few weeks until the stench of alcohol is no longer oozing from his pores.” Bart’s father yells “D-oh” and clams up, refusing to open his mouth for fear of letting loose the odors therein.

Evaluate the following statement: The judge has effectively nullified Bart’s right to compulsory process.

Choice 1 TRUE, because his words to the witness were designed to intimidate, and actually resulted in the witness’ refusal to testify.
Choice 2 FALSE, because the judge issued a subpoena, and when that failed he issued a bench warrant, and cannot now be said to be willfully interfering with Defendant’s right to compulsory process.
Which of the following is the most accurate explanation for the rationale underlying the Sixth Amendment Right to Compulsory Process:
Choice 1 A defendant should have the opportunity to bring any evidence he sees fit before the court.
Choice 2 A defendant should be able to bring all witnesses forward during trial to avoid potential arguments of inequity on appeal.
Choice 3 A defendant has the right to confront any witnesses he feels he needs to confront at trial.
Choice 4 A defendant should have the same powers as the prosecution to compel witnesses to appear.

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