compulsory process

Thân thiện

A lawyer files a motion for compulsory process to secure a key witness.

Definition

Noun: 1. A legal right enabling a defendant to utilize the court's authority to ensure the attendance of witnesses or the production of evidence: This term refers specifically to a constitutional or statutory right in legal proceedings, particularly criminal trials, where the accused can request the court to issue subpoenas to compel witnesses to appear or to bring documents or other materials to court.

Usage

• Noun:
  • The defense attorney invoked the compulsory process clause to subpoena a key expert witness.
  • A fair trial includes the right to compulsory process for obtaining favorable witnesses.

Advanced Usage

• "To have compulsory process": To possess or exercise the legal right to compel attendance or production.
  • The defendant argued that without the ability to have compulsory process, his right to a fair trial was violated.
• "Right to compulsory process": The constitutional guarantee, as found in the Sixth Amendment of the U.S. Constitution.
  • The Supreme Court case reinforced the fundamental right to compulsory process for obtaining witnesses.

Variants and Related Words

• Subpoena (n/v): A writ ordering a person to attend court or produce evidence. This is the primary instrument of compulsory process.
  • The court issued a subpoena as part of the compulsory process.
• Compulsory (adj): Required by law or a rule; obligatory.
  • Attendance at the meeting was compulsory for all members.

Synonyms

• Judicial subpoena power: The court's authority to command witness attendance or evidence production.
• Process to compel attendance: A formal legal mechanism to ensure a witness appears in court.

Related Phrases

• Compulsory process clause: The specific constitutional provision guaranteeing this right.
  • The argument centered on an interpretation of the Compulsory Process Clause.
• To compel the attendance of witnesses: The action enabled by compulsory process.
  • The primary purpose of compulsory process is to compel the attendance of witnesses for the defense.

Notes

• Legal Context: This term is almost exclusively used in formal legal contexts, particularly in discussions of constitutional law, criminal procedure, and the rights of the accused. It is a technical term of art.
• Scope: While often associated with witnesses, compulsory process can also apply to the production of tangible evidence, such as documents or objects.

Học thuật

Noun

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