General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat is the purpose of an unindicted coconspirator?
Why are the so called rather than just indicting them?
Context: today's Arizona indictments.
AZSkiffyGeek
(11,068 posts)They want make sure the case is ironclad.
lastlib
(23,287 posts)it might be someone who participated in the conspiracy, but might be helping the prosecution in exchange for favorable treatment. This, of course, is not The Pustule, Don Snoreleone.
mucifer
(23,565 posts)triron
(22,020 posts)former9thward
(32,082 posts)The DOJ's manual for prosecutors says not to do it because it is a violation of the 5th amendment to the Constitution.
9-11.130 - Limitation on Naming Persons as Unindicted Co-Conspirators
In the absence of some significant justification, federal prosecutors generally should not identify unindicted co-conspirators in conspiracy indictments. The practice of naming individuals as unindicted co-conspirators in an indictment charging a criminal conspiracy has been severely criticized in United States v. Briggs, 514 F.2d 794 (5th Cir. 1975).
https://www.justice.gov/jm/jm-9-11000-grand-jury#9-11.130
MOMFUDSKI
(5,643 posts)the indicted folks could spew about the clown to get a better deal. And then the law will have more on the clown when they do indict him