Warning
Info
- - tl;dr
- - ICRA
- - Facts & Holding
- - DeepDive
0 0
Supreme Court of the United States - 388 U.S. 1
Tags: Constitutional Law, Desegregation
Video Summary
DeepDiveHighlight a legal term to see the definition
The passage centers around the Sixth Amendment right to compulsory process and how a state statute violated this right by preventing a key witness from testifying for an accused individual. The Supreme Court ultimately reversed the decision, asserting that the statute was unconstitutional. The passage raises the question of whether this constitutional right is incorporated in the Fourteenth Amendment's Due Process Clause. The right to present witnesses and compel their attendance is crucial to due process, as it allows the accused to challenge the prosecution's witnesses and present their own version of events. The passage also discusses how federal courts have overruled common-law restrictions on witnesses, allowing any person with knowledge of the facts involved in a case to testify.
Justice Harlan, in his concurring opinion, disagrees with the incorporation of specific provisions of the Bill of Rights into the Due Process Clause of the Fourteenth Amendment. However, he agrees with the reversal of the conviction in this case because the state cannot prohibit a criminal defendant from presenting testimony from someone indicted in connection with the same offense, who would be allowed to testify if called by the prosecution. The author of the opinion agrees with the reversal of the conviction because the state has arbitrarily prohibited the defendant from using relevant and competent testimony from a particular type of witness, which violates the Due Process Clause. The author distinguishes this case from situations where the state has validly determined that a particular class of persons should be disqualified as witnesses based on general experience.
LSD+ Case Briefs
Features
- DeepDive for detailed case analysis
- Over 50,000 existing case briefs
- Instant briefs for another 6,000,000 cases
- Highlight dictionary for legal term definitions
- Social learning with chat and high points
Over 50,000 Cases Briefed
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
14-Day Free Trial
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Integrated Legal Dictionary
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Brief anything. Instantly.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Social Learning with Chat and High Points
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Real-Time Brief Feedback
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.