Question

A woman is accused of a crime. She says that she was nowhere near the scene of the crime. Her friends who were with her are afraid that they will be accused as well, so they refuse to appear in court as witnesses.

How can the woman’s counsel use the Sixth Amendment’s witness clause to support her case? Give your response in at least two complete sentences.

Answer 1

The Sixth Amendment’s compulsory-process clause gives a criminal defendant the right to obtain witnesses in her favor, so counsel can ask the court to issue subpoenas to compel the friends to appear and testify. If they still refuse, counsel can seek court sanctions (contempt), request protective measures (e.g., closed proceedings or anonymity where appropriate), and argue that denying compelled testimony would violate the defendant’s right to present a complete defense.