NCJ Number
61234
Journal
Journal of Criminal Law and Criminology Volume: 67 Issue: 2 Dated: (JUNE 1976) Pages: 155-166
Date Published
1976
Length
12 pages
Annotation
LEGISLATIVE PROVISIONS THAT PERMIT PROSECUTORS TO COMPEL TESTIMONY AND DEFENSE-PROSECUTION AGREEMENTS THAT INVOLVE A DEFENDANT'S PROMISE TO GIVE TESTIMONY, WITH OR WITHOUT IMMUNITY, ARE ANALYZED.
Abstract
THE 'USE IMMUNITY' STATUTE WAS PASSED BY CONGRESS AS PART OF THE ORGANIZED CRIME CONTROL ACT OF 1970. SECTION 6002 AND SECTION 6003 OF THE STATUTE AUTHORIZE FEDERAL PROSECUTORS TO OBTAIN A COURT ORDER TO COMPEL A PERSON TO GIVE TESTIMONY WITHOUT A GRANT OF IMMUNITY. COMPELLED TESTIMONY, HOWEVER, CANNOT BE USED AGAINST A WITNESS IN ANY CRIMINAL CASE. THE STATUTE IS VIEWED AS HAVING DISTINCT ADVANTAGES OVER PRIOR IMMUNITY STATUTES. IT ELIMINATES THE POSSIBLE CONFERRING OF BROAD IMMUNITY FROM PROSECUTION AND SUBSTITUTES ONLY PROTECTION FROM THE USE OF COMPELLED TESTIMONY. IT REMOVES THE INCENTIVE FOR A WITNESS TO GIVE WIDE-RANGING BUT SHALLOW TESTIMONY, ENCOURAGES A WITNESS TO DISCLOSE AS MANY DETAILS AS POSSIBLE, AND DOES NOT CREATE THE RISK THAT A WITNESS WILL BE IMMUNE FROM PROSECUTION DESPITE THE EXISTENCE OF INDEPENDENT EVIDENCE. THE CONTENT OF A DEFENDANT'S PRIOR IMMUNIZED TESTIMONY DOES NOT AFFECT AN ATTORNEY'S ABILITY TO PROSECUTE, EVEN FOR CRIMES THAT A WITNESS MENTIONS IN TESTIMONY, AS LONG AS EVIDENCE USED TO PROSECUTE THOSE CRIMES IS ENTIRELY INDEPENDENT OF COMPELLED STATEMENTS. THE KEY ISSUE IS THE STATUS OF A WITNESS WHO TESTIFIES UNDER THE STATUTE AND HOW FAR THIS IMMUNITY EXTENDS. PROSECUTORS ARE ENTITLED TO ELICIT TESTIMONY UNDER CONSTITUTIONALLY VALID TERMS. PROCEDURES IN THE 'USE IMMUNITY' STATUTE DO NOT VIOLATE RIGHTS OF INDIVIDUALS AGAINST SELF-INCRIMINATION UNDER THE FIFTH AMENDMENT. THE PROCESS OF OBTAINING AN ORDER TO COMPEL TESTIMONY AND PRACTICAL PROBLEMS FOR THE DEPARTMENT OF JUSTICE UNDER THE IMMUNIZED TESTIMONY STATUTE ARE DISCUSSED. CASE LAW IS CITED. (DEP)