Legal Definitions - informal immunity

Informal immunity, sometimes referred to as "pocket immunity," describes a non-binding agreement made by a prosecutor with an individual, typically in exchange for their cooperation in an investigation or prosecution. Unlike formal immunity, which is granted by a court order and is legally enforceable, informal immunity is a promise by the prosecutor not to use certain information against the individual or not to prosecute them for specific offenses. While not a court order, prosecutors generally honor these agreements to encourage cooperation and maintain trust with potential witnesses or informants.

• Example 1: Drug Trafficking Investigation

  Imagine law enforcement is investigating a large-scale drug trafficking operation. They apprehend a low-level courier who has knowledge of the higher-ranking members of the organization. The prosecutor offers the courier informal immunity, promising not to charge them with drug possession if they provide detailed, truthful information about the leaders of the trafficking ring, including their identities, locations, and operational methods.

  This illustrates informal immunity because the prosecutor is making a discretionary promise (not to pursue possession charges) in exchange for valuable cooperation (information about the drug ring), without involving a formal court process to grant immunity.

• Example 2: Corporate Fraud Whistleblower

  Consider an employee who discovers their company is engaged in significant financial fraud. They want to report it but are concerned they might face legal repercussions for their own minor, peripheral involvement, even though they were not a primary architect of the scheme. The prosecutor, eager to uncover the corporate malfeasance, offers an informal immunity agreement. They promise that if the employee provides comprehensive documentation and truthful testimony, they will not be prosecuted for any minor, related offenses, provided their involvement was not central to the fraud.

  Here, informal immunity is used to encourage a whistleblower to come forward. The prosecutor offers a promise of non-prosecution for minor involvement in exchange for critical evidence against a larger corporate scheme, demonstrating a non-judicial agreement to secure cooperation.

• Example 3: Witness to a Violent Crime

  A witness to a violent gang-related crime is reluctant to testify due to fear of retaliation. Additionally, the witness has a minor outstanding warrant for an unrelated misdemeanor offense. The prosecutor, needing the witness's testimony to secure a conviction for the serious violent crime, informally agrees to drop the misdemeanor warrant and not pursue any charges related to it, if the witness provides truthful testimony in court.

  This scenario demonstrates informal immunity being used to secure crucial testimony. The prosecutor leverages their discretion to resolve a minor legal issue for the witness in exchange for cooperation on a more serious case, highlighting a non-binding, prosecutorial agreement.