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Cleveland State Law Review

Journal

1980

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The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek Jan 1980

The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek

Cleveland State Law Review

This article will examine substantive and procedural considerations arising in connection with the representation of a putative defendant or a subpoenaed witness who may become exposed to criminal charges or contempt in the course of a grand jury investigation. Subtle as well as obvious applications of the fifth amendment privilege against self-incrimination will be addressed. In addition, certain problem areas will be explored such as whether a "target" of a grand jury investigation who is under subpoena can legally avoid an appearance, or whether illegally obtained evidence can be used to obtain an indictment, or whether and under what circumstances …


The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek Jan 1980

The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek

Cleveland State Law Review

This article will examine substantive and procedural considerations arising in connection with the representation of a putative defendant or a subpoenaed witness who may become exposed to criminal charges or contempt in the course of a grand jury investigation. Subtle as well as obvious applications of the fifth amendment privilege against self-incrimination will be addressed. In addition, certain problem areas will be explored such as whether a "target" of a grand jury investigation who is under subpoena can legally avoid an appearance, or whether illegally obtained evidence can be used to obtain an indictment, or whether and under what circumstances …