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Assignment 1 (1 page) Unit 6 Seminar
While viewing the entire recording of this week’s archived Seminar, create a summary document. Seminar slides should not be copied – this would be considered plagiarism. You should be able to view the recording and make notes at the same time so that you capture the following items:
-Describe the main points discussed in the Seminar.
-Include sub-topics and/or subsequent classroom discussion from the entire Seminar.
-Include points found of interest about the unit content and/or any additional reflections or questions about the unit content.
You may write the assignment in a bulleted list format or paragraph format. APA style is not required.
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Assignment 2 (1 Page) Immunity for Witnesses
Megan has been subpoenaed as a witness in an upcoming high-profile criminal case. She is afraid for her life since the case involves a defendant with ties to organized crime. Megan has been given use immunity by the prosecutor.
Can Megan be forced to testify?
Why or why not?
Does it change anything if transactional immunity is given to Megan?
Please explain and cite your sources.
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Assignment 3 (1/2 page) (150 words minimum) Ask Heather a question, site one reference
Heather posted
The court absolutely can make Megan testify, but that does not mean they can force her to speak on certain topics, especially if she was involved with the crime and if immunity is granted. Though, while under use immunity, it may be better if Megan did waive her Fifth Amendment right and spoke freely about the case. Use immunity prevents the courts from using any information she gives against her in future criminal charges related to what she is currently testifying about (Hall, 2022). While under use immunity, Megan can still be prosecuted, but the courts will have to find independent evidence completely separate from her testimony, which could potentially help Megan as it can be difficult to determine if the evidence was independent from her testimony or not (Justia, 2023). Transactional immunity, in my opinion, would not really change Megan’s outcome other than her maybe feeling more confident. While transactional immunity means she will not be charged whatsoever for the case at hand, her testimony in both scenarios cannot be used against her (Hall, 2022). With use immunity, it is out of her hands whether she will be charged or not, and it may even be in her best interest to overshare to make it harder to determine if evidence used against her came from the testimony or independent evidence.
References
Hall, D. E. (2022). Criminal Law and Procedure [8th ed.]. Cengage Learning US. https://purdueuniversityglobal.vitalsource.com/books/9798214341095
Justia. (2023, October). Receiving Immunity for Testimony in a Criminal Law Case. justia.com. Receiving Immunity for Testimony in a Criminal Law Case | Criminal Law Center | Justia
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Assignment 4 (1/2 page) (150 words minimum) Ask Cassie a question, site one reference
Cassie posted
Due to Megan having been subpoenaed as a witness, she can be forced to testify. If Megan does not appear in court, she would be under penalty. There are some situations in which a subpoena witness can be excused. In this case, due to Megan having been given use immunity, invoking her Fifth Amendment right would not do much that the immunity hasn’t already provided (Podolsky, 2018).
Use immunity protects Megan from essentially self-incrimination. Her own testimony cannot be used against her; however, she can still be charged if the courts or government utilize other obtained evidence against her (Legal Information Institute, n.d.). Transactional immunity is absolute immunity. If the prosecutor granted Megan transactional immunity, then Megan would be protected from prosecution for any and all offenses that are related to the case; however, she can still be forced to testify (CRM 500-999).
References
Brett Podolsky. (2022, January 21). Can I be forced to testify as a witness?. https://brettpodolsky.com/constitutional-rights/can-i-be-forced-to-testify-as-a-witness/
Legal Information Institute. (n.d.). Immunity from prosecution. Legal Information Institute. https://www.law.cornell.edu/wex/immunity_from_prosecution
transactional immunity distinguished. Justice Manual | 717. Transactional Immunity Distinguished | United States Department of Justice. (2020, January 17). https://www.justice.gov/archives/jm/criminal-resource-manual-717-transactional-immunity-distinguished
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