COMPULSORY PROCESS Meaning and
Definition
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Compulsory process refers to a legal term that encompasses the power of a court or tribunal to order the production of evidence or the attendance of witnesses in a legal proceeding. It is a fundamental right protected by the legal systems of many countries, ensuring that a person accused of a crime or involved in a lawsuit can exercise their right to present a defense or assert their rights.
In criminal cases, compulsory process allows the accused to request the production of any document, physical evidence, or other forms of evidence that may be relevant to their defense. This can include items like medical records, surveillance footage, or any other tangible evidence that may support their case. Furthermore, it also allows the accused to summon witnesses who possess knowledge or information that could potentially provide exculpatory evidence in their favor.
Similarly, in civil cases, compulsory process grants parties to a lawsuit the ability to compel the production of relevant evidence or witnesses. This is particularly important to ensure a fair and just trial, as both parties should have equal opportunities to present their case and challenge the evidence brought forward by the opposing party.
Overall, compulsory process serves as a crucial pillar of due process rights, guaranteeing individuals the ability to obtain evidence and compel witness testimonies to support their case and secure a fair legal proceeding.
Common Misspellings for COMPULSORY PROCESS
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Etymology of COMPULSORY PROCESS
The word "compulsory" originated from the Latin word "compulsus", which is the past participle of "compellere", meaning "to drive or force together". The term "process" comes from the Latin word "processus", which refers to "a going forward, advance, progress, or course".
When combined, the phrase "compulsory process" refers to a legal term used in the United States Constitution's Sixth Amendment, which states that in criminal prosecutions, the accused shall enjoy the right to have compulsory process for obtaining witnesses in their favor.
Thus, the etymology of "compulsory process" comes from the Latin roots "compulsus" and "processus", which convey the idea of being forced or compelled to undergo a specific legal course of action to obtain witnesses in a criminal trial.
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