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The Road Not Taken: Criminal Contempt Sanctions And Grand Jury Press Leaks, James W. Fox Jr.
The Road Not Taken: Criminal Contempt Sanctions And Grand Jury Press Leaks, James W. Fox Jr.
University of Michigan Journal of Law Reform
This Note examines the appropriate judicial responses to such news stories, focusing on the options available to counsel for the target of a grand jury investigation who is affected by the leaked information. Part I explains why dismissal and quashing are extremely difficult remedies to obtain, why internal investigations by the government are inadequate, and why, therefore, contempt sanctions are presently the most viable legal response to such leaks. Part II describes the general contours of both criminal and civil contempt actions and reviews specific applications of civil contempt actions in grand jury leak cases. Part III questions the functional …
Witnesses-Privilege Against Self-Incrimination-Effect Of Incorrect Decision By Trial Judge In Compelling Answer When Privilege Asserted
Michigan Law Review
ln a judicial proceeding, a question is asked of a witness, which question he declines to answer, claiming that the answer will tend to incriminate him. The judge orders him to answer. He does so and the answer does incriminate him. What happens?