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Use and derivative use immunity prevents the prosecution only from using the witness's own testimony or any evidence derived from the testimony against the witness. However, if the prosecutor acquires evidence substantiating the crime independently of the witness's testimony, the witness may then be prosecuted.
The United States can compel testimony from an unwilling witness who invokes the Fifth Amendment privilege against compulsory self-incrimination by conferring immunity, as provided by 18 U.S.C. § 6002, from use of the compelled testimony and evidence derived therefrom in subsequent criminal proceedings, as such immunity from use and derivative ...
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases.
When the justices agreed on Feb. 28 to hear the case, they put the issue this way: “Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution ...
Immune. Immune, immune, immune. … In every use of official power, the President is now a king above the law." The majority offered phrases in its opinion that suggest limits to presidential ...
Here's what the Supreme Court's ruling in the Trump immunity case means for the former President's four criminal cases.
Before the U.S. Supreme Court, the prosecutor argued that because the government's possession of the documents was the fruit only of the simple physical act of Hubbell's production of those documents, Hubbell's immunity should not prevent the prosecutor from making derivative use of the documents, even though Hubbell's production of those ...
The Court reasons that this immunity is necessary to protect public officials from excessive interference with their responsibilities and from "potentially disabling threats of liability." [2] Absolute immunity contrasts with qualified immunity, which sometimes applies when certain officials may have violated constitutional rights or federal ...