Rights during trial - examine witnesses

Marshall Islands

Marshall Islands - Constitution 1979 (2014) EN

''ARTICLE I, SUPREMACY OF THE CONSTITUTION, Section 4. Due Process and Fair Trial''

(1) No person shall be deprived of life, liberty, or property without due process of law.

(2) Every person charged with a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt.

(3) Bail shall not be required in an amount greater than needed to ensure that the accused will appear for trial, nor may any person be detained before trial when other means are available to provide reasonable assurance that he will not flee or gravely endanger the public safety.

(4) In all criminal prosecutions, the accused shall enjoy the right to be informed promptly and in detail of the nature and cause of the accusation against him; to a prompt judicial determination of whether there is good cause to hold him for trial; to a speedy and public trial before an impartial tribunal; to have adequate time and facilities for the preparation of his defense; to defend himself in person or through legal assistance of his own choice and, if he lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor.

(5) There shall be a right to trial by jury, unless knowingly and voluntarily waived by the accused, whenever the applicable law makes the offense punishable by three (3) or more years in prison or, in the case of an offense for which no maximum is specified, whenever the sentence actually imposed is three (3) years or longer.

(6) No person shall be held to answer for a crime except on presentment or indictment or criminal information.

(7) No person shall be compelled in any criminal case to be a witness against himself, or against his spouse, parent, child, or sibling, or to give testimonial evidence against any such person whenever that evidence might directly or indirectly be used to obtain such person’s criminal conviction.

(8)No person shall be subjected to coercive interrogation, nor may any involuntary confession or involuntary guilty plea, or any confession extracted from someone who has not been informed of his rights to silence and legal assistance and of the fact that what he says may be used against him, be used to support a criminal conviction.

(9) No person shall be subjected to double jeopardy, but retrial shall be permitted after a conviction has been reversed on the defendant’s appeal.

(10) No person shall be preventively detained, involuntarily committed, or otherwise deprived of liberty outside the criminal process, except pursuant to Act, subject to fair procedures, and upon a clear showing that the person's release would gravely endanger his own health or safety, or the health, safety, or property of others.

Marshall Islands - Criminal Procedure Act 2005 (2007) EN

PART IV - RIGHTS OF DEFENDANTS

§137. Enumerated.

Every defendant in a criminal case before a court of the Republic shall be entitled :

(d) to bring with him to the trial such material witnesses as he may desire or to have them summoned by the court at his request ;

Marshall Islands - Rules of Criminal Procedure 2005 (2021) EN

Rule 5.1. Preliminary Hearing

(e) Hearing and Finding. At the preliminary hearing, the defendant may cross-examine adverse witnesses and may introduce evidence but may not object to evidence on the ground that it was unlawfully acquired. If the judge finds good cause to believe an offense has been committed and the defendant committed it, the judge must promptly require the defendant to appear for further proceedings.

Rule 11. Pleas

(b) Considering and Accepting a Guilty or Nolo Contendere Plea.

(1) Advising and Questioning the Defendant. Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following:

(G) the right at trial to confront and cross-examine adverse witnesses, to remain silent and be protected from compelled self-incrimination, to object to illegally obtained evidence, such as the fruits of an illegal search or seizure or an illegally obtained confession, to testify and present evidence, and to compel the attendance of witnesses;

Rule 26. Taking Testimony

(b) Child Witness Testimony.

(5) Right of Party to Examine Child Witness. An alternative method ordered by the court must permit a full and fair opportunity for examination or cross-examination of the child witness by each party.

Rule 29.1. Trial Procedure.

The following is the usual trial procedure, which may be modified by the court to fit the circumstances of a particular case.

(e) Cross-Examination. After each witness has given evidence, the defendant or defendant’s counsel may cross-examine the witness upon any matter appearing in direct examination, or with the court’s consent any other matter, and the credibility of the witness.

Rule 29.1. Trial Procedure.

The following is the usual trial procedure, which may be modified by the court to fit the circumstances of a particular case.

(i) The Defense.

(1) After the consideration of the prosecution’s evidence and any action taken thereon as provided in paragraph (h) above, the court will call upon the defendant or defendant’s counsel to present defendant’s defense in respect to the charges against the defendant.

(2) The defendant may make an opening statement, if the defendant has not done so earlier. The defendant may also call and examine any witnesses for the defense in the same manner as is provided for the prosecution above. These witnesses are subject to cross-examination by the prosecution in the same manner as is provided for the defense above.

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;