Of All Liars, the Smoothest and Most Convincing is Memory - A Critique of the Application of the Recalcitrant Witness Statute to the Nonrecalling Witness

• NCJ Number: 94597
• Journal: American Criminal Law Review Volume: 21 Issue: 4 Dated: (Spring 1984) Pages: 425-444
• Author(s): S L Braga
• Date Published: 1984
• Length: 20 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

Recently, Federal prosecutors have begun to employ an old weapon in a new manner in the hope of securing desired testimony before a grand jury. The weapon is the Recalcitrant Witness Statute, 28 U.S.C., 1826, and the Government has recently started aiming this weapon at a new type of witness: the witness who asserts a lack of recollection before the grand jury.

Abstract

This article examines the instances of this usage of the statute and the propriety of such usage. (Publisher abstract)