femurphy77
Grandmaster
I wonder how much money her parents donated to him this time!
Drat, beat me to it!!
I wonder how much money her parents donated to him this time!
Uh.... I think that's called the right to remain silent......
But the police are not a Grand JuryThough, she can be compelled to provide the needed information before a Grand Jury.
ive said from the begining i dont think she ever had the baby is there even any proof that she was actually pregnant?
But the police are not a Grand Jury
There is no right to remain silent before such a body, save the defendant's consent of a waiver.
There is no right to remain silent before such a body, save the defendant's consent of a waiver.
Yes there is, unless you are granted immunity.
A Grand Jury is an fact-finding body. There are no Constitutional protections against self incrimination within it, but any testimony cannot be used against oneself in court. That is unless, as I stated earlier, that one forfeits immunity of one's testimony against self incrimination by waiver.
This is expressly why the proceedings of a Grand Jury are strictly secret.
IC 35-34-2-6
Motion to quash subpoena duces tecum; use immunity
Sec. 6. (a) Any witness may file a motion to quash a subpoena duces tecum directed to that witness. The motion must include a statement of the facts and grounds in support of the objection to the subpoena. The court shall:
(1) promptly conduct a hearing on the motion; and
(2) at the conclusion of the hearing, enter findings in support of its ruling.
(b) A target who is subpoenaed may move to quash a subpoena based upon his privilege against self-incrimination. The court shall grant the motion, unless the prosecuting attorney makes a written request that the target be granted use immunity in accordance with section 8 of this chapter. Upon request by the prosecuting attorney, the court shall grant use immunity to the target and order him to comply with the subpoena.
As added by Acts 1981, P.L.298, SEC.3.
IC 35-34-2-7
Witnesses; refusal to answer; compelling testimony
Sec. 7. (a) If a witness before the grand jury refuses to answer any question or produce any item, the prosecutor may inform the court, in writing, of the question asked or item sought and the reason given for the refusal. The court shall, after a hearing, decide whether the witness is required to answer the question or produce the item and the witness shall be informed immediately of the court's decision.
(b) If the court determines that the witness must answer the question or produce the item and the witness continues to refuse, he shall be brought before the court and the court shall proceed as if the witness had refused in open court.
(c) If the court determines that the witness may properly refuse to answer a question or produce an item based upon his privilege against self-incrimination, the prosecutor may request the court to grant use immunity to the witness under section 8 of this chapter.
As added by Acts 1981, P.L.298, SEC.3.
IC 35-34-2-8
Witnesses; use immunity Sec. 8. (a) Upon request by the prosecuting attorney, the court shall grant use immunity to a witness before the grand jury. The court shall instruct the witness by written order or in open court that any evidence the witness gives before the grand jury, or evidence derived from that evidence, may not be used in any criminal prosecution against that witness, unless the evidence is volunteered by the witness or is not responsive to a question by the grand jury or the prosecutor. The court shall then instruct the witness that he must answer the questions asked and produce the items requested.
(b) A grant of use immunity does not prohibit the use of evidence the witness gives in a prosecution for perjury under IC 35-44-2-1.
(c) If a witness refuses to give evidence after he has been granted use immunity, he shall be brought before the court and the court shall proceed as if the witness had refused in open court.
As added by Acts 1981, P.L.298, SEC.3.
In Indiana, explicitly by statute, you still have your right to refuse to testify based on self-incrimination. See IC 35-34-2-6 for the procedure to quash a grand jury subpoena on those grounds. IC 35-34-2-7 outlines what testimony may be refused on self-incimination grounds. The only way around such a motion to quash is by an express grant of immunity by the prosecution via IC 35-34-2-8.
You still have your constitutional right not to incriminate yourself before a grand jury UNLESS you have been affirmatively provided immunity by the prosecution and have been advised of such by the court.
The stated IC that you have boldfaced, are the procedures to quash a subpoena and the prosecutor's use of the granting of immunity. If the court doesn't grant the motion to quash, there remains no avenue to refuse testimony before the grand jury, negating the requirement of the prosecution's option of immunity.
Also know, that the prosecutor will have opportunity to challenge the quash, stating the state's interest, as in this case: The pursuit of information of the missing baby, as a CHINS.
Also know, that a Grand Jury is not exclusively utilizeed in criminal proceedings, and that Subpoena duces tecum, is a subpoena compelling the bringing of stated evidence.
A Grand Jury is an fact-finding body. There are no Constitutional protections against self incrimination within it, but any testimony cannot be used against oneself in court.
A Grand Jury is an fact-finding body. There are no Constitutional protections against self incrimination within it, but any testimony cannot be used against oneself in court.