Explain the Compulsory Process Clause and the Confrontation Clause of the Sixth Amendment. These two clauses are associated with which defendant right discussed in the textbook?

Question

What will be an ideal response?

Answer 1

The Compulsory Process Clause of the Sixth Amendment provides, “In all criminal prosecutions,
the accused shall enjoy the right to have compulsory process for obtaining witnesses in his favor.” The
Supreme Court has interpreted this clause to provide defendants with a variety of rights. The explicit right
provided by this clause is the right to compel individuals to appear in court and testify as witnesses for the
defense. To do this the defense obtains a subpoena—a court order that requires an individual to appear at
a specific time and place to testify as a witness. The Compulsory Process Clause also includes the right to
put on a defense at his/her trial. This clause is associated with the right to compulsory process and to
present a defense. The Confrontation Clause of the Sixth Amendment provides, “In all criminal
prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him.” Simply
put, this clause guarantees the defendant’s right to face and confront any witness or evidence offered by
the prosecution in a criminal trial or other proceedings substantially related to his/her ability to defend
against the charges faced. The clause involves two distinct concepts: 1) the right to confront one’s
accusers face-to-face; and 2) the right to cross-examine witnesses called by the prosecution. The purposes
behind this clause include ensuring that witnesses will give his/her statements under oath, thus guarding
against lie by possibility of penalty for perjury, forces witness to submit to cross-examination, and
permits the jury to observe demeanor of witnesses thus aiding the jury in assessing credibility. The
Confrontation Clause is associated with the right to confront and cross-examine witnesses.