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Ninth Circuit Compelled-Use-Immunity Decision

Aside from plea bargaining, one of the prosecutor's greatest procedural advantage is the ability to immunize witnesses.  If a prosecutor needs to make a case against a defendant, the prosecutor can make a deal with someone who has relevant information: Testify, and we won't use anything you say against you in a court of law.  Defense lawyers do not have this power.  Rarely (all too rarely), a judge will compel a prosecutor to grant immunity to a defense witness. This can have perverse results.  Let's say that you are charged with murder.  You know who really did it.  But you cannot make the person go onto the witness stand to admit it.  He would assert his privilege against self-incrimination. If you had a prosecutor's power, you would grant him use immunity (i...continue to full post

Full post as published by Crime & Federalism on August 25, 2008 (boomark / email).