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onenote

(42,616 posts)
14. What dime store gave you your law degree?
Sat Jun 4, 2016, 12:54 AM
Jun 2016


http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=5977&context=jclc


"It is not intellectually safe to conclude that whenever a witness is granted immunity he must be guilty of a crime. An involuntary witness often receives immunity simply because a prosecutor wants to know what the witness knows......

Voluntary witnesses are immunized pursuant to a strategic decision by the prosecutor. There is no statutory way to get immunity from prosecution, but friendly witnesses get it anyway when they, in person or through their lawyers, sit down and make a deal with the government. The issue in either case is not the guilt of the witness. The decisive factor is the conclusion that has been reached by the prosecutor and the way he conclusion to the witness or to the witness's lawyer. For the witness, it is the prosecutor's belief and asserted position that create the crime. After all, the witness's real fear is the indictment itself. He knows what every prosecutor should know: that the power to indict is the power to destroy. The witness knows who holds the power; he reacts to what he is told, although what he is told is not necessarily a valid legal conclusion."
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