What is the test for "overreaching" a prosecutor in a civil case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ebbers, 458 F.3d 110 (2nd Cir. 2006):
Prosecutorial "overreaching" can be shown through the use of "threats, harassment, or other forms of intimidation [which have] effectively forced the witness to invoke the Fifth Amendment." Blissett v. Lefevre, 924 F.2d 434, 442 (2d Cir.1991). The "manipulation" standard overlaps to a degree with the discrimination test but involves an express finding of a tactical purpose on the government's part. Id.
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