Haw. Rev. Stat. § 801-2

Current through Act 47 of the 2024 Legislative Session

Section 801-2 - Witnesses; defense

In the trial of any person on the charge of any offense, he shall have a right to meet the witnesses, who are produced against him, face to face; to produce witnesses and proofs in his own favor; and by himself or his counsel, to examine the witnesses produced by himself, and cross- examine those produced against him; and to be heard in his defense.

HRS § 801-2

PC 1869, c 2, §3; RL 1925, §3932; RL 1935, §5355; RL 1945, §10686; RL 1955, § 253-6; HRS § 705-6; ren L 1972, c 9, pt of §1

Rules of Court

Presence of defendant, see HRPP rule 43.

Depositions, discovery and inspection, subpoenas, see HRPP rules 15, 16, 17. Applicability of rules, see HRPP rules 1, 54.

Confrontation may be waived. 33 F.2d 396; 23 H. 421, 423; 37 H. 477. Constitutional privilege of being confronted by one's accusers includes knowing what they are saying. 7 H. 319. Cross-examination, within discretion of trial court. 39 H. 635; 34 F.2d 86. When a party fails to avail himself of the opportunity to cross-examine, he forfeits such right. 44 H. 82, 352 P.2d 611. No reversal for error in restricting cross-examination unless the error was prejudicial. 47 H. 185, 389 P.2d 146. Defendant's constitutional and statutory right to testify in defendant's own defense was violated where judge reproached defendant to follow defendant's attorney's advice and thus refrain from testifying. 78 H. 115 (App.), 890 P.2d 702. See 7 H. 322; 12 H. 189.

See Const. Art. I, §14.