Legal Definitions - immunity from prosecution

Immunity from prosecution is a legal safeguard that protects an individual from being criminally charged or tried for a specific crime or set of crimes. This protection is typically granted by a prosecutor or a court in exchange for the individual's cooperation, often in the form of testimony or providing evidence that is crucial to another investigation or prosecution.

The primary purpose of granting immunity is to obtain vital information from someone who might otherwise refuse to testify due to their Fifth Amendment right against self-incrimination (the right to remain silent to avoid providing evidence that could be used against them). By offering immunity, the government ensures that any testimony or evidence provided by the individual cannot be used to prosecute them for the offenses covered by the immunity agreement.

There are generally two forms of immunity:

• Use immunity: This protects the individual from having their own testimony directly used against them in a criminal proceeding. However, the government could still prosecute them if it gathers independent evidence of their guilt from other sources.
• Derivative use immunity: This offers broader protection, preventing the government from using not only the individual's direct testimony but also any evidence or information that was discovered or derived from that testimony. This means the government cannot use the immunized testimony as a "roadmap" to find other evidence against the person.

It's important to note that immunity granted by federal authorities does not automatically prevent state-level prosecution for the same offense, and vice-versa. Separate immunity agreements would be needed from each jurisdiction.

Here are some examples illustrating immunity from prosecution:

• Example 1: Whistleblower in a Corporate Fraud Scheme

  Imagine a mid-level manager, Sarah, discovers that her company's executives are engaged in a massive scheme to defraud investors. Sarah herself participated in some minor, albeit illegal, record-keeping adjustments under duress. She has critical internal documents and emails that can expose the executives. Fearing prosecution for her own involvement, Sarah is hesitant to come forward. Prosecutors, recognizing the value of her information to dismantle the larger fraud, offer her derivative use immunity. In exchange for her full cooperation and testimony against the executives, Sarah is guaranteed that neither her testimony nor any evidence discovered because of it will be used to prosecute her for her minor role in the scheme.

  This illustrates immunity from prosecution because Sarah, who committed a minor offense, is protected from charges related to that offense in exchange for providing crucial evidence against more significant perpetrators. The derivative use immunity ensures that her cooperation doesn't inadvertently lead to her own prosecution.

• Example 2: Witness to an Organized Crime Operation

  A small-time drug dealer, Marco, accidentally witnesses a murder committed by a powerful organized crime boss. Marco knows details about the crime and the organization that law enforcement desperately needs to build a case against the boss. However, Marco fears that if he testifies, prosecutors might use his own criminal history or any admissions he makes about his drug dealing to charge him. To secure his testimony, the prosecution offers Marco use immunity for any drug-related offenses he might admit to during his testimony about the murder. This means his statements about his drug activities cannot be directly used against him in a drug prosecution, though the government could still pursue charges if they have independent evidence of his drug dealing.

  This demonstrates immunity from prosecution because Marco, a person involved in minor criminal activity, receives protection for those specific offenses in exchange for providing vital testimony about a more serious crime. The use immunity allows him to speak freely about the murder without his own words being used to convict him of drug offenses.