What rights does a defendant have to compel witnesses to give evidence in his defence?

For those accused by the government of having committed a crime, the Sixth Amendment to the United States Constitution sets forth several fundamental protections, including the right to legal counsel, to an impartial jury, to notice of the charges, to confront one's accusers, and to a speedy trial. Pertinent to the matter before us today is another component of the bundle of rights guaranteed by the Sixth Amendment: the right of one accused of a crime to compel the testimony of those who have favorable evidence. Thus, the Sixth Amendment provides that [i]n all criminal prosecutions, the accused shall enjoy the right ... to have compulsory process for obtaining witnesses in his

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favor.... This constitutional guarantee, generally termed the compulsory process clause, applies in both federal and state trials. ( Washington v. Texas (1967) 388 U.S. 14, 87 S.Ct. 1920, 18 L.Ed.2d 1019 [6th Amend.'s compulsory process clause is incorporated into the 14th Amend.'s due process clause, making it applicable in state prosecutions].)

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The right of an accused to compel witnesses to come into court and give evidence in the accused's defense is a fundamental one. As the high court has explained: The right to offer the testimony of witnesses, and to compel their attendance, if necessary, is in plain terms the right to present a defense, the right to present the defendant's version of the facts as well as the prosecution's to the jury so it may decide where the truth lies. Just as an accused has the right to confront the prosecution's witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense. This right is a fundamental element of due process of law. ( Washington v. Texas, supra, 388 U.S. at p. 19, 87 S.Ct. 1920.)