Thursday, October 18, 2012

MBE Fast Fact: Immunity

There are two type of immunity that a witness may be granted to compel the witness to testify, regardless of the witness’s 5th Amendment privilege against self-incrimination. First is transactional immunity which prevents a witness from being prosecuted for any crime referred to in his testimony. Note that a witness with transactional immunity can still be prosecuted for perjury.

The next is use immunity which is immunity granted to a witness in a criminal case that prevents the use of the witness's compelled testimony against that witness in a later criminal prosecution. A witness with use immunity may still be later prosecuted, but only based on evidence not gathered from the protected testimony.

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