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NCJ Number: 120586 Find in a Library
Title: Immunity (From White-Collar Crime: Fifth Survey of Law, P 1169-1186, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)
Journal: American Criminal Law Review  Volume:26  Issue:3  Dated:(Winter 1989)  Pages:1169-1186
Author(s): J A Darrow
Date Published: 1989
Page Count: 18
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: A useful tool in the prosecution of white collar crime is the government's power to compel testimony from a witness to whom it has granted immunity from prosecution.
Abstract: The witness who has been granted immunity has a shield against the consequences of self incrimination. The Federal immunity statute, the Witness Immunity Act of 1970, is discussed in detail, and the relationship between State immunity grants and Federal proceedings is explained. The process leading to the decision to seek immunity is discussed, including negotiations between the government prosecutor and defense counsel. Formal grants of immunity that confer statutory immunity upon a witness must come through a U.S. district court. The relationship between the witness and the government after the grant of immunity is detailed, and the uses of immunized testimony are discussed. Issues surrounding defense witness immunity have not yet been resolved by the Supreme Court. Many believe that if strong countervailing government interests are absent, courts should grant immunity to defense witnesses whose exculpatory testimony is necessary for an effective defense. 92 footnotes.
Main Term(s): Witness immunity
Index Term(s): Laws and Statutes; Right against self incrimination; Testimony; White collar crime
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=120586

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