On Sun, 26 Aug 2001, Tim May wrote:
Except that all it takes is for the judge to grant the witness transactional or use immunity. Or even full immunity (less common, from what I hear).
Much on the Net. Here's just a flavoring:
"Title 18 U.S.C. ' 6002 provides use immunity instead of transactional immunity. The difference between transactional and use immunity is that transactional immunity protects the witness from prosecution for the offense or offenses involved, whereas use immunity only protects the witness against the government's use of his or her immunized testimony in a prosecution of the witness -- except in a subsequent prosecution for perjury or giving a false statement.
The notion that a witness can blithely escape having to testify by asserting the 5th Amendment is one of those folk beliefs that just doesn't hold up.
No thank you, your honor. Followed by a contempt charge. Yes it will be rough, but a citizen can't be forced to accept immunity. Note that this applies to ones speech, not documents. The 4th allows no exceptions once a court order is issued (and there should be none - equal protection) outside of the 5th. Of course the protection of the 5th gets fuzzier as one moves away from questions related to direct issues for one might be prosecuted, that 'witness against himself' part. The catch there is the court is in no place, being ignorant of the facts, to decide what constitutes testimony against oneself (ie 'any criminal case). The 5th would indicate that the only agent suitable to make that call would be the person being asked the question. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. -- ____________________________________________________________________ natsugusa ya...tsuwamonodomo ga...yume no ato summer grass...those mighty warriors'...dream-tracks Matsuo Basho The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------