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NCJ Number: 163126 Find in a Library
Title: Criminalizing Free Speech: California's Ban on Witnesses Who Have Sold Their Testimony for a Fee
Journal: San Diego Justice Journal  Volume:3  Issue:2  Dated:(Summer 1995)  Pages:485-516
Author(s): S M Foldenauer
Date Published: 1995
Page Count: 32
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: California legislation prohibits persons from accepting or receiving any money for providing information obtained as a result of witnessing a crime, although this prohibition does not apply if more than 1 year has elapsed from the date of the criminal act.
Abstract: The legislation provides monetary compensation in specific circumstances, such as lawful compensation paid to expert witnesses and investigators, lawful compensation paid to prosecution and law enforcement informants, and compensation paid to media personnel for disclosing crime-related information obtained from another person. The legislation is intended to ensure all individuals have the right to a fair trial and due process of law and has two specific purposes: (1) protect a criminal defendant's sixth amendment rights to a fair trial by limiting pretrial publicity; and (2) prevent the impeachment of witnesses for truthfulness on the grounds that they have been compensated for their story. California's ban on witnesses who sell their testimony is analyzed in relation to conflict between the first and sixth amendments, tests used by courts to determine the appropriate level of judicial scrutiny, arguments for and against the legislation's constitutionality, and policy and potential impacts of the legislation. 142 footnotes
Main Term(s): Courts
Index Term(s): California; Constitutional Rights/Civil Liberties; Freedom of speech; Right to Due Process; Right to fair trial; Rights of the accused; State laws; Witness credibility
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