文档介绍：Catholic University Law ReviewVolume 7|Issue 1Article 51958Cessante Ratione Legis Cessat Ipsa Lex (The Plightof the Detained Material Witness)Joseph an DowdFollow this and additional works at: is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in CatholicUniversity Law Review by an authorized administrator of CUA Law Scholarship Repository. For more information, please ******@ CitationJoseph Casula & Morgan Dowd,Cessante Ratione Legis Cessat Ipsa Lex (The Plight of the Detained Material Witness), 7Cath. U. L. (1958).Available at: RATIONE LEGIS CESSAT IPSA LEX*(THE PLIGHT OF THE DETAINED MATERIAL WITNESS)Until recently the material witness who had been detained in jail awaitingtrial has received little or no consideration. The effect of the material witness'testimony in proving or substantiating the prosecution's case in a criminalproceeding is always of paramount importance. The inability of the state to pro-duce a material witness at the trial to determine the guilt or innocence of used may often be fatal to the case. To ensure the presence of the witness,states have adopted severe measures in dealing with the situation, viz. some formof recognizance, mandatory or otherwise and detention until trial if the recog-nizance cannot be met. Thus, there has developed in our law a serious evil ofdetaining the innocent witness. While the primary interest of the state lies inmaintaining the due administration of law, the personal liberty of the innocentwitness is sometimes sacrificed on the high altar of Justice. Consequently thedetention and possible confinement upon the witness' inability to post bondwould almost seem to point up to imprisonment without due process of law. Itis the intent of the authors of this note to explore the background of materialwitnesses and to examine meticulously