Federal Grand Jury: Hearings Before the Subcommittee on Immigration, Citizenship, and International Law of the Committee on the Judiciary, House of Representatives, Ninety-fourth Congress, Second Session, on H.J. Res. 46, H.R. 1277, and Related Bills ....U.S. Government Printing Office, 1976 - 735 halaman |
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Halaman 28
... effect of his silence . 3 For example , we have often said the Fifth Amendment pre- requisite to the admissibility of an accused's statements is that they must have been " free and voluntary : that is , [ they ] must not have been ...
... effect of his silence . 3 For example , we have often said the Fifth Amendment pre- requisite to the admissibility of an accused's statements is that they must have been " free and voluntary : that is , [ they ] must not have been ...
Halaman 48
... effect on its investigative function is to secure a putative defendant's Fifth Amend- ment privilege and thereby avoid subversion of the ad- versary system.24 23 E. g . , United States v . George , 444 F. 2d 310 , 315 ( CA6 1971 ) ...
... effect on its investigative function is to secure a putative defendant's Fifth Amend- ment privilege and thereby avoid subversion of the ad- versary system.24 23 E. g . , United States v . George , 444 F. 2d 310 , 315 ( CA6 1971 ) ...
Halaman 58
... effect of its assertion . The privilege was designed to assure only that a citizen is not " forced to give testimony leading to the infliction of ' penalties affixed to - criminal acts " . " Now , the current Federal compulsion statute ...
... effect of its assertion . The privilege was designed to assure only that a citizen is not " forced to give testimony leading to the infliction of ' penalties affixed to - criminal acts " . " Now , the current Federal compulsion statute ...
Halaman 60
... effect of the proposed change upon the proper functioning of the grand jury itself . There are two primary disadvantages which one would hope could be avoided in attempting to revise grand jury procedures , they are in- creasing the ...
... effect of the proposed change upon the proper functioning of the grand jury itself . There are two primary disadvantages which one would hope could be avoided in attempting to revise grand jury procedures , they are in- creasing the ...
Halaman 62
... effect regulations that set standards for the issuance of subpenas to newsmen and require the specific authorization of the Attorney General before such a subpena may be issued . The court in Branzburg explicitly recognized this and ...
... effect regulations that set standards for the issuance of subpenas to newsmen and require the specific authorization of the Attorney General before such a subpena may be issued . The court in Branzburg explicitly recognized this and ...
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American Bar Association appear asked authority Biaggi bill Branzburg charge citizens civil contempt Committee compelled testimony confinement Congress constitutional Conyers criminal justice defendant Department of Justice disclosure district court EILBERG evidence exclusionary rule federal grand jury Fifth Amendment Fifth Amendment privilege function GERSTEIN grand jury abuse grand jury investigation grand jury proceedings grand jury reform grand jury room grand jury system grand jury testimony grand jury witness grant of immunity hearing immunity statute independent indictment involved issue jail Joshua Eilberg judge judicial jurors jury's Justice Department lawyers legislation matter ment Miranda warnings offenses organized crime person political present procedures proposed prosecution prosecutor protect questions record refused to testify request rule secrecy Section self-incrimination subcommittee supra Supreme Court tion transactional immunity transcript trial Turgeon U.S. attorney United States Attorney United States Code violation vote witness's
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Halaman 675 - ... attorneys for the government for use in the performance of their duties. Otherwise a juror, attorney, interpreter, stenographer, operator of a recording device, or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court preliminarily to or in connection with a judicial proceeding or when permitted by the court at the request of the defendant upon a showing that grounds may exist for a motion to dismiss the indictment...
Halaman 700 - It is a grand inquest, a body with powers of investigation and inquisition, the scope of whose inquiries is not to be limited narrowly by questions of propriety or forecasts of the probable result of the investigation, or by doubts whether any particular individual will be found properly subject to an accusation of crime.
Halaman 157 - States attorney for such district, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in section 6002 of this part.
Halaman 275 - The king's counsel, your fellows, and your own, you shall keep secret : You shall present no one for envy, hatred, or malice; neither shall you leave any one unpresented for fear, favour, or affection, or hope of reward ; but you shall present all things truly as they come to your knowledge, according to the best of your understanding: So help you God.
Halaman 241 - A court of the United States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as — (1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice; (2) Misbehavior of any of its officers in their official transactions; (3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
Halaman 656 - A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash...
Halaman 657 - ... before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury...
Halaman 65 - The privilege has never been construed to mean that one who invokes it cannot subsequently be prosecuted. Its sole concern is to afford protection against being "forced to give testimony leading to the infliction of 'penalties affixed to * * * criminal acts.
Halaman 706 - States and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. Whenever any statement is delivered to a defendant pursuant to this section, the court in its discretion, upon application of...
Halaman 179 - Any holding that would saddle a grand jury with minitrials and preliminary showings would assuredly impede its investigation and frustrate the public's interest in the fair and expeditious administration of the criminal laws.