Immunity from prosecution occurs when a prosecutor grants immunity, usually to a witness in exchange for testimony or production of other evidence. It is immunity because the prosecutor essentially agrees to never prosecute the crime that the witness might have committed in exchange for said evidence.
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, should the prosecutor acquire evidence substantiating the supposed crime—independently of the witness's testimony—the witness may then be prosecuted for same.
While prosecutors at the state level may offer a witness either transactional or use and derivative use immunity, at the federal level, use and derivative use immunity is the norm.
Read more about Immunity From Prosecution: Grand Jury Testimony
Famous quotes containing the words immunity and/or prosecution:
“There is immunity in reading, immunity in formal society, in office routine, in the company of old friends and in the giving of officious help to strangers, but there is no sanctuary in one bed from the memory of another. The past with its anguish will break through every defence-line of custom and habit; we must sleep and therefore we must dream.”
—Cyril Connolly (1903–1974)
“The prosecution of [Warren] Hastings, though he should escape at last, must have good effect. It will alarm the servants of the Company in India, that they may not always plunder with impunity, but that there may be a retrospect; and it will show them that even bribes of diamonds to the Crown may not secure them from prosecution.”
—Horace Walpole (1717–1797)