Monday, February 15, 2010

On the Jurisdiction of the Trial Court Over Evidence to Be Used at Trial

Christopher Jon Bjerknes

In America, the trial court has the jurisdiction to order subpoenas and other orders necessary to the defense so that the defendant can acquire and/or secure the integrity and preservation of evidence he intends to use in his defense at trial. Any denial of its jurisdiction over such matters by the court so as to deny the defendant his rights to obtain and/or secure evidence in his favor is a violation of the defendant's due process rights which prevents him from obtaining a fair trial and which obstructs justice and which contributes to the obstruction of justice, such that it is grounds for the dismissal of the indictment against the defendant.