Chapter §4.3 WHAT IS A PRIVILEGE OR IMMUNITY?

JurisdictionOregon
§4.3 WHAT IS A PRIVILEGE OR IMMUNITY?

Although there has been some recent disagreement among Oregon Court of Appeals judges as to what constitutes a cognizable privilege or immunity for purposes of Article I, section 20 (see below), it appears that any practical advantage (either a concrete benefit or an immunity from a concrete burden) conferred by government may qualify. See State v. Clark, 291 Or 231, 237, 630 P2d 810 (1981). In State v. Davis, 237 Or App 351, 239 P3d 1002 (2010), aff'd by equally...

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