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NCJ Number: 49971 Add to Shopping cart Find in a Library
Title: WITNESS IMMUNITY
Corporate Author: National Assoc of Attorneys General
United States of America
Editor(s): M M NISBET
Date Published: 1978
Page Count: 63
Sponsoring Agency: National Assoc of Attorneys General
Washington, DC 20001
US Dept of Justice
Washington, DC 20531
Sale Source: National Assoc of Attorneys General
444 North Capitol Street
Washington, DC 20001
United States of America
Language: English
Country: United States of America
Annotation: THE PRACTICE FOR GRANTING IMMUNITY FROM PROSECUTION TO WITNESSES FOR THE STATE IS EXAMINED IN DETAIL. FEDERAL AND STATE LEGISLATION, COURT DECISIONS, THE ROLE OF THE STATE ATTORNEY GENERAL, AND DEFENSE USE ARE COVERED.
Abstract: THE PRACTICE OF GRANTING IMMUNITY FROM PROSECUTION TO WITNESSES BEGAN IN EARLY 18TH CENTURY ENGLAND, WAS CARRIED TO THE AMERICAN COLONIES, AND TODAY THE FEDERAL GOVERNMENT, ALL OF THE STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO HAVE LAWS AUTHORIZING WITNESS IMMUNITY. THE SECTION ON FEDERAL LEGISLATION COVERS INDICTMENT OF A WITNESS UNDER IMMUNITY, USE OF IMMUNIZED TESTIMONY IN ADMINISTRATIVE PROCEEDINGS, LAWS COVERING THREAT OF FOREIGN PROSECUTION, SECTION 6002 PERJURY EXCEPTIONS, AND IMPEACHMENT BY IMMUNIZED TESTIMONY. THE SECTION ON STATE LAWS DISCUSSES GENERAL IMMUNITY STATUTES, TRANSACTION STATUTES, USE STATUTES, AND SPECIALIZED STATUTES. THE PROCEDURES A STATE ATTORNEY GENERAL MUST FOLLOW TO GRANT WITNESS IMMUNITY ARE SUMMARIZED AND POLICY CONSIDERATIONS ARE EXAMINED. USE OF IMMUNITY GRANTS FOR DEFENSE WITNESSES IN FEDERAL STATE CASES IS ALSO COVERED. THE FINAL CHAPTER PRESENTS A SURVEY CONDUCTED BY THE NATIONAL ASSOCIATION OF ATTORNEYS GENERAL ON FREQUENCY OF USE OF IMMUNITY STATUTES IN THE STATES. APPENDIX A DESCRIBES EACH STATE'S LAWS REGARDING WITNESS IMMUNITY. APPENDIX B SUMMARIZES SOME ASPECTS OF THOSE LAWS. APPENDIX C SHOWS WHICH PROSECUTORIAL AUTHORITY MAY REQUEST IMMUNITY IN EACH STATE. THE REPORT IS HEAVILY FOOTNOTED WITH REFERENCES AND CASE CITATIONS. (GLR)
Index Term(s): Attorney General; Federal Code; Investigative powers; Laws and Statutes; National Association of Attorneys General; Prosecution; Right against self incrimination; State laws; Witness immunity
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49971

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