SOC-4680 Chapter Notes - Chapter 8: Compulsory Process Clause, Avianca, Letter Bomb
Document Summary
Prior to 16th century jurors were both the triers and the witnesses of fact. Some witnesses were not even allowed to testify. 1562 statute of elizabeth designed to protect witnesses" right to appear but evolved into a statutory obligation to testify. Ability to independently recollect and communicate events in question. Appreciation of and adherence to the veracity requirement. May be determined to lack competency if at the time of the occurrence or the testimony their mental capacity was impaired. Must evaluate their appreciation and understanding of the duty to tell the truth. Must evaluate their ability to recollect and communicate. Maryland v. craig court ruled that the 6th. Amendment did not require a face-to- face meeting (cctv was okay) Recognized that a state"s interest in protecting the physical and psychological wellbeing of children outweighs a defendant"s right to face his accuser in court. Some states now allow videotaped or testimony via cctv.
