Immunity

Immunity in the United States

A means of securing testimony in a judicial or legislative proceeding by satisfying the privilege against self-incrimination. Immunity prevents a person from involuntarily becoming a witness against himself or herself. The government can compel a person to disclose incriminating evidence, but when a witness is granted immunity, he or she cannot be prosecuted based upon the compelled testimony. Immunity was first considered by the Supreme Court in Counselman v. Hitchcock (142 U.S. 547: 1892). In that case, the Court held that the federal immunity statute was defective in that it left a witness vulnerable to prosecution based on evidence derived from compelled testimony. Four years later, in Brown v. Walker (161 U.S. 591: 1896), the Court was asked to determine whether immunity could shield a witness beyond prevention of actual prosecution. The Court decided that disgrace or impairment of reputation, which were possible consequences of involuntary testimony, were outside the coverage of the self-incrimination privilege. They need not be addressed when granting immunity. The matter of personal disgrace arose again in the mid-twentieth century during the investigations into political subversion and national security. In Ullmann v. United States (350 U.S. 422: 1956), the Court upheld provisions of the Immunity Act of 1954, which authorized immunity for testimony in national security cases. Both the Ullmann and Brown decisions held’ that selT-iricfimfnatfO’fl protects only from the danger of prosecution, not the danger of disgrace or other costs stemming from it.

See Also

Prosecuting Attorney ( U.S.) Self-Incrimination (Criminal Process).

Analysis and Relevance

Immunity is typically used to obtain evidence from one person leading to the conviction of another. It allows information to develop that is not readily available through other investigative techniques. Given the frequent use of immunity, a critical question revolves around how extensive it must be. It must extend to direct use of the testimony itself, known as use immunity, but it frequently includes more. Counselman held that a witness must be protected from prosecution based on evidence derived from compelled testimony, known as derived use immunity. Even derived use immunity is limited, however. It does not prevent prosecution of a witness for a crime about which he or she may have involuntarily testified as long as the evidence used in the prosecution was developed wholly apart from the witness’ testimony. Transactional immunity is the most inclusive form of immunity. It prevents prosecution for any matter or transaction about which the witness testifies. In Kastigar v. United States (406 U.S. 441: 1972), the Court determined that derivative use immunity satisfied the prohibition against self-incrimination and that transactional immunity “affords the witness considerably broader protection than does the Fifth Amendment privilege.” Derived use immunity is coextensive with the protection to which a person is entitled under the Fifth Amendment. Kastigar did require, however, that if a witness is subsequently charged, the prosecution must bear the burden of demonstrating that the evidence is independent of the witness’ compelled testimony. Grants of immunity also apply across jurisdictions. When the Supreme Court made the self-incrimination protection applicable to the states in Malloy v. Hogan (378 U.S. 1: 1964), it also looked at federal-state reciprocity on grants of immunity. In Murphy v. Waterfront Commission of New York (378 U.S. 52: 1964), it ruled that a witness granted immunity to testify at a state or federal proceeding could not be prosecuted at the other level based on the compelled testimony.

Notes and References

  1. Definition of Immunity from the American Law Dictionary, 1991, California

Immunity Definition

Rights of exemption onlyfreedom from what otherwise would be a duty or burden. 3 Heisk. (Tenn.) 306. An exemption from Serving in an ofSce, or performing duties which the law generally requires other citizens to perform. See Dig. lib. 50, tit. 6; 1 Chit. Crim. Law, 821; 4 Har. & McH. (Md.) 341.

Immunity in Foreign Legal Encyclopedias

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Immunity Immunity in the World Legal Encyclopedia.
Immunity Immunity in the European Legal Encyclopedia.
Immunity Immunity in the Asian Legal Encyclopedia.
Immunity Immunity in the UK Legal Encyclopedia.
Immunity Immunity in the Australian Legal Encyclopedia.

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Immunity Immunity in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
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Legal Issue for Attorneys

Rights of exemption onlyfreedom from what otherwise would be a duty or burden. 3 Heisk. (Tenn.) 306. An exemption from Serving in an ofSce, or performing duties which the law generally requires other citizens to perform. See Dig. lib. 50, tit. 6; 1 Chit. Crim. Law, 821; 4 Har. & McH. (Md.) 341.

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Notice

This definition of Immunity Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Immunity in State Statute Topics

Introduction to Immunity (State statute topic)

The purpose of Immunity is to provide a broad appreciation of the Immunity legal topic. Select from the list of U.S. legal topics for information (other than Immunity).

Meaning of Immunity

In plain or simple terms, Immunity means: Legal protection from liability. There are many categories of immu
nity in civil and criminal law. For example, sovereign immunity protects government agencies from civil liability and judicial immunity protects judges acting in their official capacities.

Immunity (Case Administration)

This section introduces, discusses and describes the basics of immunity . Then, cross references and a brief overview about Case Administration is provided. Finally, the subject of Bankruptcy Law in relation with immunity is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

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Further Reading

Immunity meaning

See governmental Immunity

Immunity meaning

Exemption from legal duties. In so far as torts are concerned, immunities may be classified according to their extent, being absolute or qualified, or their object, being governments or persons.

Immunity in the Context of Foreign Sovereign Immunities Legislation

Entities Entitled to Immunity Under the FSIA in International Civil Litigation

Analysis of the Entities Entitled to Immunity Under the FSIA in relation with the Foreign Sovereign Immunity and Jurisdiction of U.S. Courts over Foreign States.

Meaning of Immunity

In plain or simple terms, Immunity means: Legal protection from liability. There are many categories of immunity in civil and criminal law. For example, sovereign immunity protects government agencies from civil liability and judicial immunity protects judges acting in their official capacities.

Resources

See Also

  • International Tort
  • Discovery in International Civil Litigation
  • International Litigation
  • Civil Litigation Law
  • Choice of Forum Clause

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