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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?

To: Lazarus_Long who wrote (73944)	9/4/2003 11:46:48 PM
From: The Philosopher	Respond to of 82486

I'll take a crack, and then let Cobalt correct me. Speedy trial can be waived, and I bet he's waived it. The accused in major cases usually do waive it because the prosecution has had the time to get their case together before charging, but the defense wants all the time they can get to try to dig out stuff, hope witnesses lose their memories or move or die, etc. Compulsory process in the 6th amendment just means that they can subpoena, or have the court subpoena, witnesses. So witnesses can't refuse to testify if he wants them to. But to get the subpoena, he has to prove that the witness is reasonably necessary. There have been lots and lots of cases where people wanted to subpoena prominent witnesses, such as Presidents, and they were refused compulsory process, or the subpoenas were quashed. Habeas Corpus isn't likely to be an issue here, since he's being held for trial. As to military tribunals, that one is way out of my ballpark.