§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. [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]

Cross References

  See Const. art. I, §14.

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.

Case Notes

  Confrontation may be waived.  33 F.2d 396 (1929); 23 H. 421, 423 (1916); 37 H. 477 (1947).

  Cross-examination, within discretion of trial court.  34 F.2d 86 (1929); 39 H. 635 (1953).

  Constitutional privilege of being confronted by one's accusers includes knowing what they are saying.  7 H. 319 (1888).

  When a party fails to avail himself of the opportunity to cross-examine, he forfeits such right.  44 H. 82, 352 P.2d 611 (1960).

  No reversal for error in restricting cross-examination unless the error was prejudicial.  47 H. 185, 389 P.2d 146 (1963).

  Where defendant's response to the circuit court during the ultimate Tachibana colloquy indicated that he did not understand his right to testify, and the court did not engage in an exchange that adequately established, on the record, defendant's understanding of that right, the record was insufficient to support a determination that defendant's waiver of the right to testify was knowingly, intelligently, and voluntarily made.  140 H. 421, 402 P.3d 497 (2017).

  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 (1995).

  See 7 H. 319 (1888); 12 H. 189 (1899).

  Cited:  134 H. 361, 341 P.3d 567 (2014).