compellable


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compellable

in the law of evidence, applied to a witness required to come to court and to testify. The general rule is that a competent witness is compellable. The sovereign and certain diplomats are competent but not compellable. Parliamentary privilege probably has the same effect as regards Members of Parliament. Jurors are not compellable in regard to the discussions in the jury room. Parties, their spouses and their lawyers are compellable in civil cases. The rules in regard to criminal matters vary from jurisdiction to jurisdiction, but the accused is not a competent witness if tried alone. If the accused gives evidence for the defence, he loses the privilege against self-incrimination in respect of the offence charged. Spouses are generally not compellable.
References in periodicals archive ?
Section 80(3)(a) of the Police and Criminal Evidence Act of 1984 provides that a wife is competent and compellable to give evidence against her husband.
327) The Court provided a precedent for future legal efforts seeking to hold perpetrators to account in its seminal decisions on issues such as whether amnesties granted under domestic law are a bar to the prosecution of serious international crimes before an international criminal court, (328) and whether an incumbent head of State is compellable as a witness before an international criminal court.
23, 1794), reprinted in 5 THE DOCUMENTARY HISTORY, supra note 118, at 618, 618 (calling on the state's senators and representatives to procure "such amendments in the Constitution of the United States, as to prevent the possibility of a construction which may justify a decision that a State is compellable to the suit of an individual or individuals in the Courts of the United States"); Resolution of North Carolina General Assembly (Jan.
In this land of equal liberty, shall forty odd thousand in one place be compellable to do justice, and yet fifty odd thousand in another place be privileged to do justice only as they may think proper?