Legal Definitions - waiver of immunity

A waiver of immunity occurs when an individual who has been granted legal protection from self-incrimination voluntarily chooses to give up that protection and provide testimony. This means they are agreeing to speak and answer questions, even though they could have legally remained silent under the shield of immunity.

• Example 1: Congressional Hearing

  Imagine a former government official called to testify before a congressional committee investigating a large-scale financial scandal. The committee offers the official "use immunity," meaning any testimony they provide cannot be directly used against them in a criminal prosecution. Initially, the official considers providing only very limited answers to avoid any potential legal pitfalls. However, wanting to fully cooperate and clear their name, they decide to answer all questions openly and extensively, going beyond the minimum required. By doing so, they are performing a waiver of immunity, voluntarily giving up the right to remain silent on certain matters that they could have potentially withheld, even with the grant of immunity.

• Example 2: Criminal Investigation Plea Bargain

  In a complex drug trafficking case, a lower-level associate is offered immunity by prosecutors in exchange for testifying against the leader of the operation. The associate initially hesitates, fearing retaliation and the implications of speaking. However, after consulting with their attorney, they decide to accept the deal and provide a full, detailed account of the criminal activities. This decision represents a waiver of immunity, as the associate is choosing to speak and provide potentially incriminating information about others, even though they could have invoked their Fifth Amendment right against self-incrimination and refused to testify.

• Example 3: Professional Disciplinary Review

  Consider a licensed professional, such as an accountant, who is under investigation by their professional licensing board for alleged ethical misconduct. The board offers the accountant "limited immunity" for their testimony during the internal disciplinary hearing, promising that their statements will not be forwarded for criminal prosecution. The accountant, eager to defend their professional reputation, agrees to testify fully and answer all questions posed by the board, rather than providing minimal information or remaining silent. This act constitutes a waiver of immunity, as they are voluntarily providing information that could be used against them in disciplinary actions, even if it's protected from criminal use.