Carter v. United States

The majority holds today that a criminal defendant’s right to call a witness in his own defense is trumped by the prospective witness’ privilege against self-incrimination even where the judge has found both that the witness’ testimony is essential to the defendant’s case and that there is no practical possibility that the witness will in fact be prosecuted. In so holding, the court overrules a line of cases which balanced the interests involved reasonably and sensitively, to the apparent satisfaction of defendants, witnesses, and prosecutors. The result of the majority’s ruling will be that,…