If I whisper a crime to a plant, can the plant be subpoenaed?

In a world where human betrayal has reached a new high. Now, one cannot even trust a friend with their secret. In the wake of this level of human mistrust, people are developing the idea of sharing their secrets with inanimate objects like plants.

While people are now entrusting plants with their secrets, this raises a profound legal question: can a plant be subpoenaed if I whisper a crime to it?

This question may sound a bit bizarre at first, but it runs deeper than you might think. Don’t worry, that’s exactly why this article is here: to clear up the confusion and misinformation about what the law actually says.

Legal foundation of a subpoena

A subpoena is an order that requires a person to produce evidence or give testimony in court.

According to Rule 45 of the Federal Rules of Civil Procedure, only a person or entity with legal standing can be subpoenaed as outlined.

This rule not only pertains to the United States but also extends to most jurisdictions in the world. For a subpoena to be valid, the recipient must be able to understand the order and must be able to provide testimony or evidence. Since a plant can read, understand, and give a testimony it cannot be subpoenaed.

What is the legal status of plants?

There have been debates globally on whether non-human persons should be given legal personhood under the law, that is, be given rights and responsibilities. However, there has been some progress but these legal personhoods have been granted for the purpose of giving them protection against harm and inhuman activities.

According to the law, plants are categorized as property and objects of civil law. This means plants are subjected to legal protection and regulations but not recognized as legal persons.

Based on the legal definition of plants, it lacks the legal standing to sue and be sued. Hence, therefore, plants cannot be subpoenaed.

Countries that have given rights to natural entities

Here are some countries that have granted legal standing to natural entities such as plants, rivers, mountains, and the ecosystem. This often refers to Rights of Nature.

Ecuador: Chapter 7, Articles 71 to 74 of Ecuador’s constitution recognized the right of Mother Earth (“Pachamama”), granting it the right to “maintain and generate its cycles, structure, functions, and evolutionary processes.”

United States: The US is one of the first countries to enact nature rights into its legal system. In 2006, Tamaqua Borough, Pennsylvania, became the first state to adopt a Rights of Nature ordinance.

India: In the case of A. Periakaruppan v. The Principal Secretary, the court ruled by invoking parens patriae jurisdiction and declared “Mother Nature” to be a living being with constitutional rights.

Countries like Panama, New Zealand, Bolivia, Ghana, Colombia, Bangladesh, and more have enacted ecocentric laws to protect nature. 

However, one fundamental feature of this law is to protect them against the threat of extinction and damage and grant them the right to exit and regenerate but does not give them the right to sue or be sued or appear in court.

Can a plant be a witness?

Despite most jurisdictions giving natural entities like plants the right to be protected under their law, a plant cannot be a witness in a legal proceeding or be subpoenaed to testify as a witness.

Supposedly you manage to get a judge to grant a plant as a witness in cases. Based on the requirements of a valid subpoena, how can a plant understand and comply with a court order? Lest I forget, how can a plant transport itself to a court to stand in as a witness? In summary, a plant can be a witness.

Can a plant be used as evidence?

While a plant cannot be a witness, it can serve as a source of evidence in investigations through the field of forensic botany. Forensic botany is the use of plants to solve crimes. A forensic botanist uses pollen, seeds, leaves, DNA, or plant decay to solve crimes.

The use of plants as evidence is the same as using tools like knives, a car, or a piece of clothing as evidence. The one important thing to notice is that the plant will be used as evidence not subpoenaed to testify; rather, a forensic botanist collected, examined, and analyzed the plant and presented their findings to the court.

Case the court admits plant-based evidence

Here are some cases where the court admitted experts’ analysis of plants as evidence.

Arizona Murder Case (1992): This was the first time plant DNA was used to secure a criminal conviction. A forensic botanist matched the DNA of a Palo Verde tree at the crime scene to the DNA of seed pods found in the suspect’s vehicle.

The Lindbergh Kidnapping Case (1932): In this case, Arthur Koehler, a wood anatomist used a wooden ladder left at the crime scene to solve the case. The court recognized Arthur Koehler as an expert witness.

What happens when you whisper a crime to a plant?

If you confess a crime to a plant, the plant cannot be subpoenaed to reveal your secrets. The law does not recognize a plant as a witness. However, your secret can be used as evidence against you in court if you leave behind evidence like DNA or fingerprints at the scene where you had the conversation with the plant.

FAQs

Conclusion

No matter how criminal the secret you whisper to a plant, the law cannot force it to testify against you. Plants may have certain rights under the law, but they are not legal persons. This means it cannot be sued or subpoenaed.

However, the evidence you leave behind on the plant can be used by human experts who can be subpoenaed by the law to uncover the truth. Once the experts can link you to the evidence at the scene, it can be admitted by the court to secure your conviction.