Current Indicator Threat Grade
No or UNKNOWN RISK
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ACCUSED PREVENTED from DEFENSE AT TRIAL
Government has no power to stop a defendant from calling witnesses in his favor. If any such witness tries to avoid testifying, Government must compelled them do so with limited exceptions.
English common law originally barred an accused from calling witnesses in his defense in cases of treason or felony. The Founders understood the right to call witnesses, and a process to compel such witnesses, are the core of the right to present a defense. This right has endured relatively unmolested in our country.
In Nazi Germany, from 1933 to 1945, over 12,000 Germans were detained, given show trials in Sondergerichte and The People's Court, and executed. In Communist Russia during the Moscow Trials of the Great Purge period, from 1937 to 1938, the NKVD arrested more than 1.5 million Soviet citizens, given show trials, and over 680,000 were executed. Confessions and evidence from witnesses could be extracted by any means, including threatening to torture the witnesses’ wives and children. In Communist China during the Great Leap Forward, from 1958 to 1961, tens of thousands of Chinese were rounded up, given show trials, and executed.
In Nazi Germany, from 1933 to 1945, over 12,000 Germans were detained, given show trials in Sondergerichte and The People's Court, and executed. In Communist Russia during the Moscow Trials of the Great Purge period, from 1937 to 1938, the NKVD arrested more than 1.5 million Soviet citizens, given show trials, and over 680,000 were executed. Confessions and evidence from witnesses could be extracted by any means, including threatening to torture the witnesses’ wives and children. In Communist China during the Great Leap Forward, from 1958 to 1961, tens of thousands of Chinese were rounded up, given show trials, and executed.
Trials without defense lead to a show trial culture. A culture of show trial leads to hardcore tyranny.
Credit
Our Founding Generation
Primary References
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None
