The reason the statement does not appear is not only (and perhaps not so much) that it would be absurd, inasmuch as 3501 excludes from trial precisely what the Constitution excludes from trial, viz., compelled confessions; but also that justices whose votes are needed to compose today's majority are on record as believing that a violation of Miranda is not a violation of the Constitution.
As the preceding discussion demonstrates, application of the principles articulated in Cohen and Abney to speedy trial claims compels the conclusion that such claims are not appealable before trial.
In arbitration you have to pay half or more of the costs, you will not have the same rights as you would in a court trial to compel the company to turn over many documents and produce witnesses and the arbitrators may not be schooled in the law, but instead come from the industry against which your complaint is lodged.
The ruling, which split the Massachusetts Supreme Judicial Court 4 to 3, said that judges in criminal trials can compel defense lawyers to give the prosecution evidence that they plan to use to cross-examine prosecution witnesses.
16 Forced Evidence Disclosure A ruling in the Massachusetts Supreme Judicial Court said that judges in criminal trials can compel defense lawyers to give the prosecution evidence they plan to use to cross-examine prosecution witnesses.
Though the real-life nanny murder trials are compelling in part for the simple reason that they speak to primal fears, it is irrational to think we can learn anything about the rights and wrongs of the upper-middle-class relationship to hired help by way of these senseless tragedies.
"As a matter of law, if a witness refuses to give evidence at a trial, they can be compelled to do so.
"If you testify," Judge Jack A. Thompson said at a hearing last year on the prisoner's request for a new trial, "I will be compelled to report you to the state bar.
Some defendants were forced to contact over one hundred attorneys before finding one that would accept; defendant Steve Nelson could not find a lawyer in Pennsylvania who would represent him in his Smith Act trial, so he was compelled to represent himself; and judges sometimes had to appoint unwilling counsel for defendants who could not find a lawyer to take the case.
The evidence here, including many findings of the trial court, clearly compels the conclusion that the parties' concerted activities were motivated by a common purpose, and the court's conclusion to the contrary must be regarded as clearly erroneous.
