Peter F. Vaira Asserting the Fifth Amendment in Pa. Courts and Grand Juries Federal Law Applies
This column discusses them Fifth Amendment provision to the U.S. Constitution that provides for protection of a witness against compulsory self-incrimination.
September 20, 2021 at 11:28 AM
8 minute read
Civil Procedure
This column discusses the Fifth Amendment provision to the U.S. Constitution that provides for protection of a witness against compulsory self-incrimination. This topic was suggested after reading the Pennsylvania Supreme Court's decisions regarding the conflicting rulings of the lower courts on the power of the state grand jury to issue reports, and the power of the district attorney to grant immunity to a witness. Likewise, members of the criminal defense bar report many instances where the assertion of the Fifth Amendment is often misunderstood by commonwealth prosecutors and supervising grand jury judges. This misunderstanding of the law and procedure was noted by the Investigating Grand Jury Task Force created by the Pennsylvania Supreme Court, which issued a report calling for training of supervising grand jury judges. See the report and recommendations of the Investigating Grand Jury Task Force, November 2019.
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