NCJ Number
88239
Date Published
1983
Length
184 pages
Annotation
This text for attorneys and police investigators discusses the options and pitfalls involved with granting immunity to a witness.
Abstract
The author examines the fifth amendment privilege, focusing on whether a question is incriminating, whether parolees and probationers should be allowed to refuse to answer a question on the grounds that the answer might lead to revocation of parole or probation, and whether the amendment protects a witness from answering questions that might lead to civil consequences. He also notes the procedure for asserting the right against self-incrimination, covering the necessity of warning the witness and waiver of privilege. Sources of immunity are discussed, with attention to Federal and State laws, prosecutorial authority, and defense witness immunity. The text delineates the scope of immunity, making special note of transactional immunity and use immunity, as well as foreign prosecution and waiver of immunity. Tactics for representing the witness, from subpoena response to postimmunity prosecution, are discussed for administrative and legislative hearings, grand jury proceedings, and contempt hearings. Tactics for confronting the immunized witness are explained for prosecutors and defense counsel. Chapter notes and an index are supplied; the Federal Immunity Statute and a model State immunity statute are appended.