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Old 10-01-2007, 01:30 AM   #41
flylock shox
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Quote:
Originally Posted by Azure View Post
What about if a witness is brought to court....does he have to answer any questions the defense or persecution might have?

How come 'pleading the 5th' is ringing a bell here?

I'll go look it up.
If a witness is compelled to testify, he or she must give "the whole truth, and nothing but the truth." In the US, there is an escape clause which allows a person to remain silent to avoid incriminating him/herself. In Canada, there is no such clause. The witness must testify completely and truthfully. However, any incriminating statements made by a witness in Canadian courts cannot be used against them in subsequent proceedings.

Simply put, in the US you don't have to testify where your testimony might incriminate you. In Canada, you do, but your testimony can't be used against you.

And again, no prosecutor would call a witness unless they were fairly certain of what information that witness has, and that the witness would testify truthfully. But again, it sounds like there are ample witnesses to this crime, and the police only need anonymous information now.
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