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Source Fifth Amendment Privilege Complete Criminal Procedure List Matched to this deck.

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0 tracked cards Criminal Law and Procedure

A defendant charged with assault wants to call an eyewitness who would testify that someone else threw the punch. The trial judge excludes the witness solely because the defense disclosed the witness one day late, without considering a continuance or other lesser remedy.
Which statement best describes the defendant's constitutional argument?

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Excluding the witness violates the Constitution only if the prosecutor personally agrees that the witness is truthful. Excluding the witness violates the Constitution only if the witness is a police officer. Excluding the witness is constitutional only because the defendant has no right to call witnesses. Excluding the witness may violate the defendant's right to compulsory process and to present a defense if the testimony is material and favorable and exclusion is arbitrary or disproportionate.

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