Thursday, March 28, 2013

We Think Not

From the Indiana Supreme Court comes a decision that succinctly states its conclusion:

When a prosecutor has neither filed a charge nor initiated a grand jury proceeding, may she nevertheless petition a court to compel a party to testify under a grant of use immunity, when that party is the primary target of the investigation and has asserted the constitutional privilege against self - incrimination? We think not.

The matter involves an infant who was removed from her parents' care after puncture wounds were seen by medical staff at a hospital. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/03/we-think-not.html

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