NCJ Number
62050
Date Published
1979
Length
3 pages
Annotation
THIS ARTICLE COMPARES THE USE OF THE CURRENT FEDERAL WITNESS IMMUNITY STATUTE WITH THE FORMER TRANSACTIONAL IMMUNITY STATUTES.
Abstract
THE FEDERAL STATUTE WAS ENACTED AS PART OF A MAJOR LAW ENFORCEMENT REFORM PACKAGE, THE ORGANIZED CRIME CONTROL ACT OF 1970. THE PROVISIONS OF TITLE 18 GOVERN IMMUNITY IN ALL JUDICIAL, GRAND JURY, ADMINISTRATIVE, AND CONGRESSIONAL PROCEEDINGS. THE KEY LANGUAGE IN THE IMMUNITY STATUTE IS IN 18 U.S.C. 6002. THE STATUTE DEPARTED FROM THE CONCEPT OF 'TRANSACTIONAL IMMUNITY,' REPLACING THIS WITH THE IDEA OF 'USE IMMUNITY,' WHICH SAYS THAT A WITNESS CAN BE PROSECUTED SO LONG AS THE GOVERNMENT MAKES NO USE WHATSOEVER OF THE TESTIMONY OR DOCUMENTARY EVIDENCE THE WITNESS WAS COMPELLED TO PRODUCE. THE SUPREME COURT UPHELD THE CONSTITUTIONALITY OF THE USE IMMUNITY STATUTE IN ITS 1972 DECISION, KASTIGAR V. UNITED STATES. THE PAPER STATES THAT USE IMMUNITY, IN SOME CIRCUMSTANCES, PROVIDES GREATER PROTECTION THAN THE OLD TRANSACTIONAL IMMUNITY STATUTES. WITH RESPECT TO THE EXTENT TO WHICH COMPELLED TESTIMONY OR INFORMATION MAY BE USED AGAINST THE WITNESS, THE SO-CALLED USE AND DERIVATIVE USE IMMUNITY IS BROADER THAN TRANSACTIONAL IMMUNITY. THIS DISTINCTION BETWEEN TRANSACTIONAL AND USE IMMUNITY IS PARTICULARLY IMPORTANT IN HIGH VISIBILITY OR SENSATIONAL CASES INVOLVING POLITICIANS OR OTHER MAJOR PUBLIC FIGURES, WHERE THE GOVERNMENT HAS INCREASINGLY TENDED TO INVESTIGATE PEOPLE INSTEAD OF CRIMES. UNDER THE USE IMMUNITY STATUTE, THE GOVERNMENT HAS THE HEAVY BURDEN OF PROVIDING INDEPENDENT SOURCES OF EVIDENCE IN ORDER TO PROSECUTE A WITNESS. MOREOVER, THE CURRENT IMMUNITY STATUTE'S USE RESTRICTION ON DOCUMENTARY EVIDENCE PROVIDES A WITNESS WITH GREATER PROTECTION AGAINST SELF-INCRIMINATION THROUGH THE USE OF DOCUMENTS THAN DOES THE FIFTH AMENDMENT ITSELF, AS CONSTRUED BY THE SUPREME COURT. FOR RELATED ARTICLES, SEE NCJ 62048.