What rights do witnesses have in criminal defense law?
In Hawaii, witnesses in criminal defense law have certain rights. They have the right to remain silent, meaning they do not have to answer questions they are asked throughout the proceedings, unless subpoenaed. Witnesses also have the right to be represented by an attorney during questioning, or to request one if they feel they need legal representation. Witnesses also have the right to request a witness fee for their testimony, however if they are a relative or close friend of the defendant, they are not entitled to a fee. Witnesses also have the right to confront those who are testifying against them, as well as the right to testify in their own defense. Witnesses are also protected from retaliation by either the defendant or the court for testifying. Witnesses may also refuse to answer questions that could incriminate them, or those related to privileged communication. Finally, all of the proceedings related to the case that the witness has been subpoenaed to testify in must take place in public, unless the court decides otherwise. This helps ensure the fairness of the proceedings for the witnesses and all parties involved.
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