testimonial immunity


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Noun1.testimonial immunity - an exemption that displaces the privilege against self-incrimination; neither compelled testimony or any fruits of it can be used against the witness who therefore can no longer fear self-incrimination
granting immunity, exemption, immunity - an act exempting someone; "he was granted immunity from prosecution"
transactional immunity - a broader form of use immunity that also protects the witness from any prosecution brought about relating to transactions to which they gave testimony
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.
References in periodicals archive ?
But there is also a view that what the Senate can give Napoles is only "testimonial immunity," which means that whatever Napoles would say at the hearing would not be used against her although she can still be prosecuted if there are pieces of information, independently obtained, that can serve as basis for her being charged.
Evid.] 804(a)(1) even though he asserts his privilege against self-incrimination if he can be made available through the granting of testimonial immunity ...
government argued, and the Ninth Circuit agreed, that the scope of his testimonial immunity was governed not by the FSIA but purely by the agreement between the United States and Taiwan.
Although the statement says Uribe should enjoy "testimonial immunity" as a former head of state, preventing him from testifying from acts "taken in his official capacity as a government official," it does not recommend he be given full immunity from litigation in U.S.
And as long as the charges remain on a state level, the couple will receive testimonial immunity under California law.
United States District Court, the Ninth Circuit permitted a foreign diplomat embroiled in an FSIA case to claim testimonial immunity. 128 F.3d 712 (9th Cir.
If judges support the abolition of the immunity partly on the basis that advocates should be treated like other professional people, it would be anomalous if they did so while also supporting a testimonial immunity for themselves.
Navy's Court of Inquiry because it is unlikely he will be granted testimonial immunity, his defense lawyer said Sunday.
Under penalty of contempt, a suspect must answer truthfully, but he will be entitled to "testimonial immunity": that is, the compelled words will never be introduced over the defendant's objection in a criminal trial - the defendant will never be an involuntary "witness" against himself "in" a "criminal case" - but the fruits of these compelled pretrial words will generally be admissible.
(11) Testimonial immunity, also known as use immunity, does not provide this type of protection from future prosecution; it only protects the witness against the direct and derivative use of the immunized statements in a subsequent prosecution.
submarine for deciding he is unlikely to testify at an inquiry into the sub's sinking of a Japanese ship because he has little chance of obtaining testimonial immunity.
Some readers may accept our Fifth Amendment idea of testimonial immunity for civilized testimony, but reject our Fourth Amendment views.