Does a defendant have a Sixth Amendment right to present a defense?
California, United States of America
The following excerpt is from People v. Soumphomhphackdy, D059633 (Cal. App. 2012):
A defendant in a criminal case has a Sixth Amendment right to compulsory process and to present a defense. (Washington v. Texas (1967) 388 U.S. 14, 18-19.) The
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defendant's Sixth Amendment right, however, must yield to a witness's legitimate claim that his or her testimony might lead to self-incrimination. (People v. Hill (1992) 3 Cal.4th 959, 993.)
When we review a witness's claim of self-incrimination we must accord the claim of privilege " 'liberal construction in favor of the right it was intended to secure.' " (People v. Seijas (2005) 36 Cal.4th 291, 304; Evid. Code, 404.)
The court in People v. Lucas (1995) 12 Cal.4th 415, discussed the approach that should be taken by courts in evaluating a claim of Fifth Amendment privilege by a witness. The court said:
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