Can a victim be compelled to be interviewed by the defense?

California, United States of America


The following excerpt is from Reid v. Superior Court, 55 Cal.App.4th 1326, 64 Cal.Rptr.2d 714 (Cal. App. 1997):

4 We note that a victim cannot be compelled to talk to defense investigators or to submit to an interview (see Walker v. Superior Court (1957) 155 Cal.App.2d 134, 139-140, 317 P.2d 130), and that, once a victim has been contacted and clearly has refused to be interviewed by the defense, continued unwanted contact could conceivably justify restrictive orders. Since the victim has an absolute right not to be interviewed, we reject petitioner's request that we "devise some means of encouraging, affirmatively, the victims in this case to grant interviews to the defense."

Other Questions


What is the scope of an allegation of sexual assault brought by a victim's abuser against the victim's family members and/or potential victims? (California, United States of America)
What is the legal test for a defense counsel to pursue an innocence defense rather than a voluntary intoxication defense? (California, United States of America)
When the interview is recorded, when the facts surrounding the interview are undisputed, and when the interview takes place, what is the test for determining whether a statement is involuntary? (California, United States of America)
Is it possible for defense counsel to interview or interview a jury after a jury has convicted a defendant? (California, United States of America)
Can a defendant plead imperfect self-defense even if he intended to provoke his victim into attacking him so that he might have an excuse to shoot the victim? (California, United States of America)
Is a mistake-of-fact defense defense defense harmless? (California, United States of America)
Can the prosecution in a criminal case compel the defense to accept a stipulation that would deprive the state of its ability to present persuasive and forceful defense evidence? (California, United States of America)
Can a defendant claiming self-defense to an assaultive crime present evidence of a victim's violent nature to show the victim was the aggressor? (California, United States of America)
Is there any case law where a defense counsel elicited testimony from a domestic violence victim about whether domestic violence victims lie? (California, United States of America)
Can a victim be ordered to pay restitution to the victim of a crime where the victim suffered indirect economic loss? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.