Ask The Judge: Parents' Charges, Evidence, Casey's Plea - WESH Eaton
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Ask The Judge: Parents' Charges, Evidence, Casey's Plea - WESH Eaton
Ask The Judge: Parents' Charges, Evidence, Casey's Plea
Judge O.H. Eaton, Jr., WESH Legal Analyst
POSTED: 1:59 pm EDT May 4, 2011
UPDATED: 9:35 am EDT May 5, 2011
Excerpt:
Could Grandparents Refuse To Answer Question?
Dear Judge Eaton: Are there any circumstances under which George and Cindy Anthony could refuse to answer a question? They have been confrontational with the prosecutor already, and I am expecting more of that. -- Suzanne
Let me try to answer your question this way: A witness has the Constitutional right to refuse to answer an incriminating question. However, under Florida law, a prosecutor can give what is called “use immunity” to a witness, which means the prosecutor cannot use the answer against the witness in a future criminal prosecution. If a witness just refuses to cooperate, the court can use contempt power to put the witness in custody until the witness agrees to cooperate. That is called “civil contempt.” The witness carries the keys to the jail in his pocket and will be released as soon as he cooperates. Alternatively, the court can order the witness to answer, and if the witness still refuses to cooperate, criminal contempt proceedings can be initiated. Criminal contempt is punishable by up to six months in jail in Florida. -- Judge O.H. Eaton
Read more: http://www.wesh.com/casey-anthony-extended-coverage/27775256/detail.html#ixzz1LkF9DUKa
Judge O.H. Eaton, Jr., WESH Legal Analyst
POSTED: 1:59 pm EDT May 4, 2011
UPDATED: 9:35 am EDT May 5, 2011
Excerpt:
Could Grandparents Refuse To Answer Question?
Dear Judge Eaton: Are there any circumstances under which George and Cindy Anthony could refuse to answer a question? They have been confrontational with the prosecutor already, and I am expecting more of that. -- Suzanne
Let me try to answer your question this way: A witness has the Constitutional right to refuse to answer an incriminating question. However, under Florida law, a prosecutor can give what is called “use immunity” to a witness, which means the prosecutor cannot use the answer against the witness in a future criminal prosecution. If a witness just refuses to cooperate, the court can use contempt power to put the witness in custody until the witness agrees to cooperate. That is called “civil contempt.” The witness carries the keys to the jail in his pocket and will be released as soon as he cooperates. Alternatively, the court can order the witness to answer, and if the witness still refuses to cooperate, criminal contempt proceedings can be initiated. Criminal contempt is punishable by up to six months in jail in Florida. -- Judge O.H. Eaton
Read more: http://www.wesh.com/casey-anthony-extended-coverage/27775256/detail.html#ixzz1LkF9DUKa
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