What factors are used by the judge to make an "individualized determination" regarding the intransigence of the witness?
Some of the factors that may go into making an “individualized determination” as to the intransigence of the witness are:
- the length of confinement
- the witness’ connection to what is being investigated
- the basis for refusal
- the presumed need for the witness’ unique testimony
- the witness’ community support
- the witness’ conduct and demeanor.
The weight given to each factor is subject to the discretion of each judge, and the burden is on the witness, in this case Chelsea, to convince the court that she will not testify under any circumstances. More info: