Section 14.17 Immunity

• Library: Evidence 2017

D. (§14.17) Immunity

[T]he power to compel testimony is not absolute. There are a number of exemptions from the testimonial duty, the most important of which is the Fifth Amendment privilege against compulsory self-incrimination. The privilege reflects a complex of our fundamental values and aspirations, and marks an important advance in the development of our liberty. It can be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory; and it protects against any disclosures which the witness reasonably believes could be used in a criminal prosecution or could lead to other evidence that might be so used.

Kastigar v. United States, 406 U.S. 441, 444–45 (1972).

An issue arises when a prosecutor or other official grants immunity to an individual in an effort to compel the witness to testify. The argument denotes that, because the individual is immune from prosecution, any information provided could not violate the person’s Fifth Amendment privilege...