What rights, if any, does a material witness have?

California, United States of America


The following excerpt is from People v. Sánchez, 204 Cal.Rptr.3d 682, 375 P.3d 812, 63 Cal.4th 411 (Cal. 2016):

due process right of the witness, who has not been charged with a crime, to not be unreasonably incarcerated. (Id. at p. 851, 89 Cal.Rptr.3d 264, 200 P.3d 879.) To have a material witness who has committed no crime taken into custody, for the sole purpose of ensuring the witness's appearance at a trial, is a measure so drastic that it should be used sparingly. (People v. Cogswell (2010) 48 Cal.4th 467, 477, 106 Cal.Rptr.3d 850, 227 P.3d 409.)

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