See 4 MUELLER & KIRKPATRICK, supra note 28, [section] 442, at 458.59 (arguing for a broad construction of pertinency standards outside the context of child abuse prosecutions regarding issues such as danger of infection and to broadly determine the physical facts of the injury).
Professors Mueller and Kirkpatrick argue that this type of information is not part of any special medical expertise and therefore does not satisfy the pertinency requirement intended by the rule.
If fisheries interests are to receive equitable consideration with competing marine resources use demands, it is mandatory that the pertinency
and quality of economic data associated with the utilization of fisheries resources be vastly improved.
Also, some of the requirements imposed by the courts under the statutory criminal contempt procedure (e.g., pertinency
of the question asked to the committee's investigation) might be mandated by the due process clause in the case of inherent contempt proceedings.
In Sinclair, the Court held that the judge alone should determine "pertinency
" in a prosecution for criminal contempt of Congress, involving a witness's refusal to answer a question, because that element is a pure question of law that does "not depend upon the probative value of evidence."(96) Taking the same approach as it had in Hubbard with respect to its prior precedent about the meaning of the statutory definition of "department" in [sections] 1001, the Court in Gaudin rejected its earlier holding on the court's role in false statement prosecutions rather than confining the prior precedent or finding it otherwise distinguishable.(97)
Pertinency. Two different issues of pertinency arise in regard to a contempt prosecution.
(318) The second pertinency issue concerns the Fifth Amendment's Due Process Clause.
The due process clause of the Fifth Amendment requires that "the pertinency
of the interrogation to the topic under the ...