Unit9 Exam Essays
Everyindividual has a right to desist from self-implication. Under thecommon law, a person is titled to refuse to respond to any query orprovide any documentation if the response would most likely implicatethem. The privilege is a wider common law right to silence, whichfunctions as a general protection from being obliged to provideinformation to other individuals or agency forcefully. The privilegecan only be overcome with an immunity grant from the government [ CITATION Dam11 l 1033 ].
Witnessprotection is granted by the prosecutor to a witness. The attorneyoffers it in exchange for testimony or evidence. The informationprovided cannot be used to incriminate the witness. In other words,the prosecutor agrees not to question the crime the witness mighthave done in exchange for the evidence or testimony. The prosecutionoffers immunity in two forms, that is, transactional method and theuse immunity system [ CITATION Dam11 l 1033 ].
Intransactional immunity, also regarded as total or blanket immunity,the witness is completely protected from future prosecution for anycrimes that are associated with the evidence or testimony provided.In this type, the witness must testify during the trial. Anyincriminatory evidence cannot be used against the witness in anycapacity. Transactional immunity serves the wider purpose ofprotecting the witness against any criminal liability emanating fromthe transaction. For example, if the witness is providing evidence ofwhat he/she saw, and it is later realized he/she was involved in thecrime, this immunity protects the individual from criminal liability[ CITATION Dam11 l 1033 ].
Useimmunity protects the witness from his/her evidence. The prosecutioncannot use the witness’s evidence or testimony to indict him/her.Nevertheless, if the prosecutor acquires substantial evidenceindependent from the witness’s evidence or testimony, he/she cancharge the witness for the crime. Use immunity serves the restrictedfunction of letting an individual provide information to theprosecutors. In general, it allows the witness to provide informationthat cannot be used against him/her [ CITATION Dam11 l 1033 ].
Chetson, D. (2011, May 12). Types of Immunity. Retrieved from Chetson: https://www.chetson.com/2010/05/types-of-immunity/
Finke, J. (2011). Sovereign Immunity: Rule, Comity or Something Else? The European Journal of Internationa Law Vol. 2, 853-881.
Theodore, J. L. (2014). Federal Sovereign Immunity.