Immunity

Prosecutors may agree not to prosecute an individual. Once an individual is no longer at risk of prosecution, the individual has no recourse to the privilege. Thus immunity operates to blunt or eliminate the privilege.

A. Co-extensivity of Immunity and Privilege:

A court may not compel a witness to offer self-incriminating testimony. However, if the prosecution offers immunity co-extensive with the privilege, the privilege is unavailable.

B. Use and Derivative Use Immunity:

Use and derivative use immunity are immunity protections that guarantee that evidence provided by an individual will not be used against that individual in later criminal proceedings.

C. Transactional Immunity:

Transactional immunity is immunity from prosecution for any transaction about which the witness testifies.