Our editors will review what you have submitted and decide if the article needs to be revised. State responsibility for unlawful conduct differs from criminal responsibility and may be invoked before the International Court of Justice and some regional courts. So what is immunity? Before I answer that question, let me introduce myself. My name is Bennett Capers. I am a professor at Brooklyn Law School, where I teach courses related to criminal procedure and evidence, as well as criminal law, and I am also a former federal prosecutor. I was an Assistant District Attorney for the Southern District of New York. And here the question of immunity has been raised quite often. Prosecutors typically grant immunity to people who have information that helps law enforcement charge and convict a “bigger fish” — someone they say has committed a more serious crime. Immunity may be applied in any type of criminal proceedings. For example, it is sometimes granted to low-level drug traffickers to catch a large supplier. It can be used in white-collar criminal investigations to build a case against the person(s) who ordered and directed serious criminal activity. Also known as total immunity, transactional immunity provides a shield against future accusations based on a testimony-related issue. (The prosecution can always lay charges against the witness for matters unrelated to the testimony.) The federal criminal justice system does not offer transactional immunity, but many states do.

That is a bit of immunity in the federal system. My name is Bennett Capers and thank you for seeing TalksOnLaw. Anyone charged with a felony has the privilege of the Fifth Amendment against self-incrimination. This means that they cannot be compelled to disclose incriminating information about themselves, even if requested to do so by law enforcement authorities or before the courts. The privilege not to incriminate oneself includes not only responses that are directly incriminating, but also responses that could lead to the discovery of incriminating evidence. Sometimes a prosecutor may negotiate with a person suspected of a crime if they are believed to have information about other criminal activities. In exchange for testifying against another person, the witness may enjoy immunity from prosecution. Immunity comes in different types and can have limitations, so it`s important to understand the specific deal a prosecutor offers before accepting it. However, there are limits to this immunity.

For example, in 1997, the Republic of Georgia lifted the immunity of its second most senior diplomat after he killed a 16-year-old girl while driving under the influence of alcohol. He was charged and convicted of manslaughter, for which he spent three years in North Carolina before returning to Georgia, where he spent another two years in prison. In the United Kingdom, certain exercises of the Royal Prerogative, which appears to give the government the possibility of massive and irresponsible discretion, are rightly suspected, while the immunity of Members of Parliament speaking in the House of Representatives or persons testifying in court is generally regarded as an acceptable safeguard against powerful (and wealthy) interests against defamation suits. otherwise, public debate or the administration of justice. [1] With respect to armed conflict, international humanitarian law recognizes that it would be inconsistent to assume responsibility for individuals if their superiors and other persons performing their official functions were relieved. International humanitarian law therefore emphasizes the individual criminal responsibility of superiors in war crimes cases, unless they can prove that they failed to order or took all feasible measures to prevent or stop violations. Humanitarian law thus establishes the duty not to obey unjust orders. If you are under investigation or charged with criminal activity, you may be able to obtain immunity from prosecution. This can help you avoid serious legal consequences. Transaction immunity (also called general immunity or total immunity) is the most comprehensive type. A person enjoying immunity from operations cannot be prosecuted for his or her role in the criminal activity that is the subject of his or her testimony. Under international treaties, a diplomatic representative is exempt from local jurisdiction, both civil and criminal.

This diplomatic immunity extends to the function and residence of the representative. Even if someone has not been charged with a crime, they may be afraid to testify against someone because they may incriminate themselves. If federal prosecutors or prosecutors need their full and honest testimony and don`t want anyone to invoke their right to self-incrimination, they can offer immunity. People have been granted immunity to testify in court, grand jury and even Congress. Article 27 of the Statute of the International Criminal Court (which has jurisdiction over persons accused of war crimes, crimes against humanity and genocide) states that the Court has jurisdiction over “all persons, without distinction of any kind by reason of their official capacity. In particular, the official status of Head of State or Government, member of a Government or parliament, elected official or official of the State shall in no case exempt anyone from criminal responsibility under this Statute, nor shall it in itself constitute grounds for reduction of sentence. Legal immunity or immunity from prosecution is a legal status in which a person or entity cannot be held responsible for a violation of the law in order to facilitate the achievement of societal goals that outweigh the value of liability in such cases. This legal immunity can be from suit or civil liability (in dispute) or both. The most notable forms of legal immunity are diplomatic immunity, judicial immunity and witness immunity. One author has described legal immunity as “the front of a judicial power”[1]: Immunity cannot be invoked in proceedings before the International Criminal Court on the basis of specific provisions of its Statute (art.