Explainer should be held without bond for giving misleading information on how long a material witness can be detained. Previously, Explainer wrote, "Law enforcement officials can detain [a material witness] for a few hours without filing charges, but holding someone in custody for a long period requires formal charges."
It turns out, according to this section of the U.S. Code, that a material witness can be held as long as it is necessary to "prevent a failure of justice." This means that the people being brought in for questioning in the terrorist attack under material witness warrants can be held as long as a judge deems it necessary. One reason to hold material witnesses is that they are considered likely to flee the country. People being held as material witnesses have information important to a criminal proceeding and can be required to reveal that information. But they are not themselves charged with a crime and should be released once the proceeding is finished. If, however, a material witness becomes a suspect in the case, he can't be forced to testify against himself in violation of his Fifth Amendment right against self-incrimination.
Explainer, this time, thanks Carol Steiker ofHarvardLawSchool.
TODAY IN SLATE
Black people’s disdain for “proper English” and academic achievement is a myth.
Hong Kong’s Protesters Are Ridiculously Polite. That’s What Scares Beijing So Much.
The One Fact About Ebola That Should Calm You: It Spreads Slowly
How White Boy Rick, a legendary Detroit cocaine dealer, helped the FBI uncover brazen police corruption.
A Jaw-Dropping Political Ad Aimed at Young Women, Apparently
How Even an Old Hipster Can Age Gracefully
On their new albums, Leonard Cohen, Robert Plant, and Loudon Wainwright III show three ways.