NCJ Number
116832
Journal
Criminal Law Bulletin Volume: 25 Issue: 2 Dated: (March-April 1989) Pages: 139-163
Date Published
1989
Length
25 pages
Annotation
When a prosecutor decides to interview prospective defense witnesses, he has the right to warn those witnesses of the risks of perjury and self-incrimination.
Abstract
However, the author of this article recognizes that these warnings can go too far, amounting to a violation of defendant's due process rights. The courts have usually applied an objective standard to ascertain whether a defense witness has been intimidated by the prosecutor's questions and have emphasized several factors in determining whether the government's conduct has been improper. (Author abstract)