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54. Which of the following steps should the prosecutor take to get the woman to answer the question?
The prosecutor believes that the woman's nephew committed the murder. The nephew has said that he was with the woman at the time of the murder, and the prosecutor believes that this alibi is false. The prosecutor does not believe that the woman is guilty of the murder, either as a principal or as an accomplice, although he does believe that the woman may be guilty of other crimes. The prosecutor wants to compel the woman to answer the question by whatever means will result in the least harm to the prosecution's case.
A woman was subpoenaed to appear before a grand jury. When she arrived, she was taken into the grand jury room to be questioned. She answered preliminary questions about her name and address. She was then asked where she had been at a certain time on a specified night when a murder had occurred. Before answering the question, the woman said that she wanted to consult her attorney, who was waiting outside the grand jury room, and she was allowed to do so. When she returned to the grand jury room, she stated that she refused to answer the question because the answer might incriminate her.
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C is correct. The prosecution may compel the woman to testify if he first prepares documents to grant her use and derivative use immunity, which would extinguish the privilege against self-incrimination under Kastigar.
A is incorrect. The grand jury cannot order the woman to incriminate herself unless she is first given use and derivative use immunity, as stated above.
B is incorrect. It is true that most of the rules of evidence do not apply during grand jury proceedings. However, this answer is incorrect because a witness still may not be compelled to incriminate herself without first granting her use and derivative use immunity.
D is incorrect. Although a witness may not be compelled to incriminate herself unless first given immunity, the prosecution can adequately extinguish the privilege with use and derivative use immunity and is not required to grant the broader transactional immunity.