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02-22-2010, 10:02 PM
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#1
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I am Groot!
Join Date: Oct 2000
Location: Minneapolis
Posts: 27,464
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Damages 2/22/09 "It's Not My Birthday"
I was under the impression that if you've been given immunity, you can no longer plead the Fifth. Is that not true?
__________________
“I trust the Doctor.”
“You think he knows what he's doing?”
“I wouldn't go that far.”
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02-23-2010, 01:37 AM
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#2
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Registered User
Join Date: Jun 2008
Posts: 206
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Well, if you've been given immunity from prosecution, it wouldn't matter if anything you said could be used to implicate you in a crime so you wouldn't need to plead the 5th.
However, Patty made her a better offer so she plead the 5th and turned down the offer of immunity in exchange for her testimony against the Tobins.
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02-23-2010, 07:00 AM
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#3
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bug lover
Join Date: Jun 2004
Location: Quad Cities
Posts: 9,968
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Glad to see a bit more movement with the plotlines in this ep. It had been dragging a bit lately.
Clearly NOT surprised Tobin's daughter killed Danielle. As soon as I saw her drinking something while chatting with the daughter I knew she was a goner.
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02-23-2010, 07:31 AM
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#4
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I am Groot!
Join Date: Oct 2000
Location: Minneapolis
Posts: 27,464
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Quote:
Originally Posted by squint
Well, if you've been given immunity from prosecution, it wouldn't matter if anything you said could be used to implicate you in a crime so you wouldn't need to plead the 5th.
However, Patty made her a better offer so she plead the 5th and turned down the offer of immunity in exchange for her testimony against the Tobins.
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My understanding, in my capacity as NotALawyer, is that once you're granted immunity, whether you asked for it or not, you can no longer plead the Fifth.
This legal opinion was arrived at after twenty years of careful study at Law & Order University Law School. 
__________________
“I trust the Doctor.”
“You think he knows what he's doing?”
“I wouldn't go that far.”
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02-23-2010, 10:14 AM
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#5
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Registered User
Join Date: Jun 2008
Posts: 206
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Quote:
Originally Posted by Rob Helmerichs
My understanding, in my capacity as NotALawyer, is that once you're granted immunity, whether you asked for it or not, you can no longer plead the Fifth.
This legal opinion was arrived at after twenty years of careful study at Law & Order University Law School. |
Well, I don't watch any of those (sometimes extraordinarily inaccurate) legal shows but it seems like it would simply be an agreement to testify in exchange for immunity. If you decide not to talk, your immunity is revoked.
It seems like it would unconstitutional to grant someone immunity without their consent and then compel them to testify. But if they're granted immunity then nothing they say can incriminate themselves so it's a logical impossibility (though I suppose you could say something that incriminates you in a different crime outside the scope of the immunity agreement).
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02-23-2010, 10:49 AM
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#6
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I am Groot!
Join Date: Oct 2000
Location: Minneapolis
Posts: 27,464
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Quote:
Originally Posted by squint
It seems like it would unconstitutional to grant someone immunity without their consent and then compel them to testify. But if they're granted immunity then nothing they say can incriminate themselves so it's a logical impossibility (though I suppose you could say something that incriminates you in a different crime outside the scope of the immunity agreement).
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I don't see any constitutional barrier to compelling somebody to testify if they can't be punished as a result.
Your latter point is a minor pet peeve of mine in TV shows and movies...there's rarely a "scope" to their immunity agreements, it's just blanket immunity, which I understand is quite rare. I guess they just don't want to show the negotiations, but it seems to me there's some drama to be had there, with the witness wanting to CYA as much as possible and the prosecutor not wanting to give away the farm by allowing the witness more immunity than intended.
__________________
“I trust the Doctor.”
“You think he knows what he's doing?”
“I wouldn't go that far.”
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02-23-2010, 02:07 PM
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#7
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Registered User
Join Date: Apr 2004
Location: S. Fulton County, GA
Posts: 2,372
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I was surprised that the daughter was so old....
I guess, this will be getting interesting shortly...
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02-23-2010, 05:47 PM
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#8
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Registered User
Join Date: Apr 2005
Posts: 1,762
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Quote:
Originally Posted by Bierboy
Clearly NOT surprised Tobin's daughter killed Danielle. As soon as I saw her drinking something while chatting with the daughter I knew she was a goner.
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Was Reiko Aylesworth playing the Tobin daughter before? I am so confused about some of these people.
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02-23-2010, 05:49 PM
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#9
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I am Groot!
Join Date: Oct 2000
Location: Minneapolis
Posts: 27,464
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Quote:
Originally Posted by ElJay
Was Reiko Aylesworth playing the Tobin daughter before? I am so confused about some of these people.
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No, she's his daughter-in-law. The son's wife.
__________________
“I trust the Doctor.”
“You think he knows what he's doing?”
“I wouldn't go that far.”
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02-23-2010, 05:53 PM
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#10
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Registered User
Join Date: Apr 2005
Posts: 1,762
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Ah, that makes more sense.
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