@bobsal u1553115,
Quote:Grand juries are always held without a "defendant", moron, because Grand Juries are held to find fact about a set of events and whether it was a culpable event, whether anyone is a probable culprit and then they make a charge. At that point there's an indicted defendant. Until he's indicted, he's a "witness". That's why one isn't represented by legal assistance testifying at a Gran Jury. Refusing to answer any question can lead to being charged with a crime. Only a Prosecutor presents evidence and witnesses. There is no cross examination (one reason a Prosecutor shouldn't present a witness he knows is lying.)
Hell, mooky, there's no "defendant" until someone is arraigned in court or indicted by Grand Jury. An un-arraigned person is the accused.
Where'd you learn about US justice? The Soviet Union? What do you have against "Due Process"?
MP for three years. Really?
Oh BOOB, people in glass houses...
You are lecturing someone on the law???
Thats like Homer Simpson teaching nuclear physics. WHAT-A-DUMB-ASS
Since the Fifth Amendment protects the privilege to refuse to answer, no witness can be punished for refusing to answer a question on the basis of asserting the Fifth Amendment.
A lawyer contacts the federal prosecutor and asks whether his client is a target, subject, or witness.
Targets (potential defendants) are people whom the prosecutor intends to charge in the indictment. Subjects are people whom the prosecutor might charge, but would prefer to use to strengthen the government’s case against the target(s).
If the prosecutor tells the attorney that the client is a target, the attorney tells the prosecutor that his client will be taking the Fifth to all questions and requests that his client be excused or released from the subpoena.
If the prosecutor tells the attorney that the client is a subject, the attorney will typically respond by asking the prosecutor what he wants in exchange for immunity.
As is the case with the target, the subject also can assert the Fifth and refuse to answer questions.