Testimony of a witness under grant of immunity or reduced criminal liability is a type of evidence presented in a court of law. It is a statement made by a witness who has been granted legal immunity or reduced criminal liability in exchange for providing information related to a particular crime or legal matter. The testimony is usually given voluntarily and without a promise of reward or leniency in return. The witness is typically not at risk of being charged with criminal activity or held liable for civil damages as a result of providing the testimony. There are two different types of testimony of a witness under grant of immunity or reduced criminal liability. The first type is immunity from prosecution. This type of immunity means that the witness is immune from any criminal prosecution as a result of providing the testimony. The second type of testimony is reduced criminal liability. This type of testimony means that the witness is not immune from criminal prosecution, but any potential criminal charges may be reduced or eliminated depending on the information provided.
TESTIMONY OF A WITNESS UNDER GRANT OF IMMUNITY OR REDUCED CRIMINAL LIABILITY
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FAQ
Immunity from prosecution is a legal protection granted to a person that shields them from criminal prosecution for a particular offense or set of offenses.
Transactional immunity is the most complete immunity that can be offered to a witness. Also known as ?blanket immunity,? it protects a person from prosecution of the crime involved.
A witness who refuses to testify at trial after having been granted immunity from prosecution may be summarily convicted of direct criminal contempt under Rule 42(a), Federal Rules of Criminal Procedure.
To illustrate, suppose Witness and Defendant commit an armed bank robbery. The prosecution grants Witness transactional immunity in exchange for admitting his participation in the robbery and testifying against Defendant at Defendant's trial.
If a witness refuses to testify on fifth amendment grounds, the prosecution has the option of granting the witness immunity and thus eliminating, at least theoretically, her fear of self-incrimination and consequently her right not to testify.
Also known as total immunity, transactional immunity provides a shield against any future charges based on any matter related to the testimony. (The prosecution still can bring charges against the witness for matters that are unrelated to the testimony.)