Witness immunity from prosecution occurs when a prosecutor grants immunity to a witness in exchange for testimony or production of other evidence.
In the United States, the prosecution may grant immunity in one of two forms. Transactional immunity, colloquially known as "blanket" or "total" immunity, completely protects the witness from future prosecution for crimes related to his or her testimony. Use and derivative use immunity prevents the prosecution only from using the witness's own testimony or any evidence derived from the testimony against the witness. However, if the prosecutor acquires evidence substantiating the crime independently of the witness's testimony, the witness may then be prosecuted.
Prosecutors at the state level may offer a witness either transactional or use and derivative use immunity, but at the federal level, use and derivative use immunity is much more common.[citation needed]
In the United States, Congress can also grant criminal immunity (at the Federal level) to witnesses in exchange for testifying.[1]
Grand jury testimony in the United Statesedit
Witnesses compelled by subpoena to appear before a grand jury are entitled to receive immunity in exchange for their testimony. The grant of immunity impairs the witness's right to invoke the Fifth Amendment protection against self-incrimination as a legal basis for refusing to testify.
Per 18 U.S.C. § 6002, a witness who has been granted immunity but refuses to offer testimony to a federal grand jury may be held in contempt. In addition, grand jury witnesses may be prosecuted for perjury or making false statements in their testimony.
In Kastigar v. United States, 406 U.S. 441 (1972), the US Supreme Court confronted the issue of the type of immunity, use or transactional, constitutionally required to compel testimony. The Court ruled that the grant of use and derivative use immunity is sufficient.
Despite Kastigar, the type of immunity required to compel testimony depends on the law of the applicable jurisdiction. Many states, such as New York, exceed the requirements of the US Constitution by requiring transactional immunity to be accorded to compelled witnesses.[2]
In states in which defendants have a right to testify on their own behalf at a grand jury proceeding, waiver of immunity is a condition of that right.
witness, immunity, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, this, article, needs, additional, citations, verification, please, help, improve, this, article, addi. This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Witness immunity news newspapers books scholar JSTOR January 2010 Learn how and when to remove this message The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate July 2012 Learn how and when to remove this message Learn how and when to remove this message Witness immunity from prosecution occurs when a prosecutor grants immunity to a witness in exchange for testimony or production of other evidence In the United States the prosecution may grant immunity in one of two forms Transactional immunity colloquially known as blanket or total immunity completely protects the witness from future prosecution for crimes related to his or her testimony Use and derivative use immunity prevents the prosecution only from using the witness s own testimony or any evidence derived from the testimony against the witness However if the prosecutor acquires evidence substantiating the crime independently of the witness s testimony the witness may then be prosecuted Prosecutors at the state level may offer a witness either transactional or use and derivative use immunity but at the federal level use and derivative use immunity is much more common citation needed In the United States Congress can also grant criminal immunity at the Federal level to witnesses in exchange for testifying 1 Grand jury testimony in the United States editWitnesses compelled by subpoena to appear before a grand jury are entitled to receive immunity in exchange for their testimony The grant of immunity impairs the witness s right to invoke the Fifth Amendment protection against self incrimination as a legal basis for refusing to testify Per 18 U S C 6002 a witness who has been granted immunity but refuses to offer testimony to a federal grand jury may be held in contempt In addition grand jury witnesses may be prosecuted for perjury or making false statements in their testimony In Kastigar v United States 406 U S 441 1972 the US Supreme Court confronted the issue of the type of immunity use or transactional constitutionally required to compel testimony The Court ruled that the grant of use and derivative use immunity is sufficient Despite Kastigar the type of immunity required to compel testimony depends on the law of the applicable jurisdiction Many states such as New York exceed the requirements of the US Constitution by requiring transactional immunity to be accorded to compelled witnesses 2 In states in which defendants have a right to testify on their own behalf at a grand jury proceeding waiver of immunity is a condition of that right See also editImmunity from prosecution international law Actual statute for federal and congressional use in the USA Federal crime Immigration and Customs Enforcement ICE Informant Parliamentary immunity Plea bargain Proffer agreement Telephone tapping Turn state s evidence Undercover United States Federal Witness Protection Program Witness intimidationReferences edit U S Department of Justice Justice Manual Title 9 Criminal Accessed 10 22 2020 Abanow Retrieved from https en wikipedia org w index php title Witness immunity amp oldid 1181178116, wikipedia, wiki, book, books, library,
