Free Speech vs Due Process/Fair Trial

[KrazyHorse]

How can evidence be excluded from a jury's mind (as it sometimes is rightfully done) when the jury's heard all about it for months on CNN?

[Imran Siddiqui]

IIRC, if someone has information relevant to a criminal investigation, and they don't divulge it, isn't that Obstruction of Justice?

No. It's only Obstruction if you are asked and you do not divulge. Then again, there is always the option of taking the 5th.

[KrazyHorse]

Only until you're given immunity.

[C0ckney]

there are some restrictions here, but not a huge ammount (look at the media circus surrounding the jeffery archer trial for example). most of the restrictions relate to things like minors, victims of certain types of crime (rape and connected offences, generally) and of course national security. sometimes 'gaging orders' will be issued in the same circumstances that KH mentioned, but these aren't that common.

[Imran Siddiqui]

Well you can still refuse to answer if the questions will incriminate you.

[GePap]

I think the interest of utterly unaffected third parties to know all the particulars of a case are secondary to the rights of the defendant in the case. Those other parties that are directly affected have the right to be in the courtroom, or contct people who are.

[KrazyHorse]

I have been led to believe that if you're given immunity from any subject brought up by the questions then you can be forced to testify, since your right against self-incrimination cannot be invoked when the government has given you immunity from prosecution.

[Az]

[Imran Siddiqui]

I have been led to believe that if you're given immunity from any subject brought up by the questions then you can be forced to testify, since your right against self-incrimination cannot be invoked when the government has given you immunity from prosecution.

I think that you still don't have to testify... just that you immunity gets taken away then .

[MichaeltheGreat]

Originally posted by KrazyHorse
I have been led to believe that if you're given immunity from any subject brought up by the questions then you can be forced to testify, since your right against self-incrimination cannot be invoked when the government has given you immunity from prosecution.

It depends on the nature of the immunity grant.

There are two problem areas - one where a crime (or related crimes) may be chargeable in different jurisdictions, and the other where you may have a limited grant of immunity about a particular subject, but that subject is part of a broader criminal enterprise.

Imran - if you refuse to testify after a properly scoped grant of immunity, then you get OJ plus whatever you could be charged with once the immunity grant is revoked.

[SlowwHand]

Numb nuts?

[Sava]

MtG... what's you take on this matter?

[Sava]

Originally posted by SlowwHand
Numb nuts?

[Imran Siddiqui]

Ooops

[Sprayber]

From what I've seen lately, defense lawyers are all too happy to put on the makeup and get in front of the camera. What do you do with those types?