transactional immunity


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Related to transactional immunity: use immunity, testimonial immunity
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.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
testimonial immunity, use 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
References in periodicals archive ?
On the other hand, transactional immunity grants immunity to the witness from prosecution for an offense to which his compelled testimony relates.
(89) Transactional immunity insulated the witness from
Waruzila and the Gleason brothers claimed that as public employees, they were entitled to transactional immunity.
Initially, case law suggested that the only way to overcome the privilege against self incrimination was a grant of "transactional immunity" which protects the witness from any future prosecution.
(394) The constitutionality of granting a witness only use immunity rather than transactional immunity, was upheld in Kastigar v.
Transactional immunity may be granted by the government when it does not contemplate prosecuting the witness.
United States, (61) a witness claimed that his grant of transactional immunity for prior testimony in an antitrust investigation of the sugar industry also covered allegations of revenue offenses against him for fraudulently weighing sugar.
The magistrate judge noted that the two men had received transactional immunity in the U.S., but ruled that such immunity did not protect them from prosecution in Italy or from use of their statements by Italian officials.
Section 6002 provides use immunity rather than transactional immunity. Transactional protects the witness from prosecution for the offense or offenses involved, whereas use immunity protects the witness only against the government's use of the immunized testimony in a prosecution of the witness.
Plato Cacheris, one of Lewinsky's lawyers, said: "We have reached an agreement today that for her full and truthful testimony she will receive transactional immunity in this case."
Although the Murphy Court cited Counselman, it actually introduced a narrower standard of immunity that was elaborated in a separate opinion by Justices White and Stewart.(76) Counselman transactional immunity would create huge intersovereign friction: government A could confer immunity and thereby in effect veto government B's law enforcement efforts.
Transactional immunity, however, goes much further and exempts employees from prosecution for matters discussed during a compelled interview.

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