This article considers the propriety of an indictment of a person who was subpoenaed to testify before a grand jury at which the person invoked the Fifth Amendment privilege against self-incrimination on any questions relevant to the investigation and where the government knew that this person would assert the privilege. Part I explores the prosecutor's power to secure evidence and present it the grand jury. Part II describes how the Fifth Amendment's privilege against self-incrimination limits the prosecutor's power to secure evidence and present it to the grand jury. Part III applies the privilege to a situation where a prosecutor knows that the person will invoke the privilege and refuse to testify, yet still forces the person to exercise her privilege in front of the grand jury which later indicts her.
Aaron M. Clemens, Misuse of the Grand Jury: Forcing a Putative Defendant to Appear and Plead the Fifth Amendment, 28 SEATTLE U. L. REV. 379 (2004).