anallubess, anallubess, anallubess,
The primary function of the modern grand jury is to review the evidence presented by the prosecutor and determine whether there is probable cause to return an indictment.
Since the role of the grand jury is only to determine probable cause, there is no need for the jury to hear all the evidence, or even conflicting evidence.
A grant of immunity to a grand jury witness overcomes the witness's privilege against self-incrimination, and the witness is then required to testify. The prosecutor is prohibited from using that testimony or leads from it to bring charges against the witness. If a subsequent prosecution is brought, the prosecutor bears the burden of proving that all of its evidence was obtained independent of the immunized testimony. In practice, it is difficult to successfully prosecute someone for criminal activity they discussed in immunized testimony unless the prosecution had a fully prepared case before immunity was granted.
The target of a grand jury indictment only redress is to challenge the evidence at trial. One of the reasons a witness may assert the Fifth Amendment is that he or she does not know if the prosecutor has presented witnesses who have lied. The witness cannot risk testifying contrary to those witnesses, for fear of being charged with perjury if the prosecutor does not believe his or her testimony.
The above information is straight from the American Bar Association.
Re: Blago, Waters, and Rangle trials: our legal sy
Member #: 5567
Registered: 1996-2001
Posted:
3797
Name:
John
Company:
County Gov
Occupation:
Fiber Design, Construction, Maintenance
Location:
Washington DC
Personal:
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