Proceedings of the Illinois State Bar Association Volume 38

Proceedings of the Illinois State Bar Association Volume 38

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... to testify before a Notary Public or a Referee or a Master, to take a deposition to be used in some foreign state. In other words, you can have all the commissions issued from any state in the Union, to take a deposition of a resident witness in Illinois, and he can throw the subpoena in the face of the officer and tell him to go to some place where we hope it is not as warm as it is here today. Now that is a defect in the law that the Commissioners of Uniform State Laws ought to take hold of if it can be done. Just imagine us living in the United States and a witness is wanted to testify in some proceeding in another court, and you can not make him testify. There was a statute passed requiring a witness to appear before a Notary Public or a Commissioner, and in the absence or failure to appear application could be made to the court to require him to appear'and if he did not appear to punish him for contempt, and the Supreme Court held that statute was unconstitutional. That is one suggestion. Another vital suggestion is this: that there is no way that you' can take a deposition in a criminal case in another state to be used in Illinois, probably on account of the constitutional inhibition that the accused has the right to meet the witness face to face. In New York they have a statute by which they can compel a man to go to another state to testify. And any man who has had any experience in the administration of criminal justice knows that it frequently happens that a witness can get out of the state, he can go to Indiana, and you can not get him back to testify in an important case in Illinois whether for the people or for the defense. That is a reproach to the administration of justice. That is a defect in our laws. You more

Product details

  • Paperback | 174 pages
  • 189 x 246 x 9mm | 322g
  • United States
  • English
  • black & white illustrations
  • 1236990099
  • 9781236990099