18-d-7 "use" Immunity

LibraryA Jailhouse Lawyer's Manual (2020 Edition)

18-D-7. "Use" Immunity

Most violations of prison regulations are punished only through disciplinary proceedings within the prison. But, sometimes a violation of a prison rule will also be a violation of a criminal law. To take an extreme example, stabbing a guard is certainly a severe violation of prison regulations. More importantly, it is also a criminal offense for which a prisoner can be tried and convicted in court.

A situation like the one described above raises special problems. You might want to testify at the disciplinary proceeding in order to avoid a potentially severe punishment. On the other hand, you may worry that something you say at your hearing could get you in trouble in a later criminal trial.

To avoid this problem, prisoners often seek "use" immunity in disciplinary hearings. "Use" immunity does not protect you from prosecution, but it prevents any statements you make at your disciplinary hearing from being used against you in the criminal case.197 Immunity in criminal proceedings comes from the U.S. Constitution's Fifth Amendment privilege against self incrimination.198 An individual accused of a crime has the right to remain silent. 199 When the state demands that you testify, the state must grant "use" immunity.200 If you choose not to testify in your disciplinary hearing and your silence is used as...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT