Definition

Noun: A legal protection granted to a witness, ensuring that any testimony they are compelled to give, and any evidence derived from that testimony, cannot be used against them in a criminal prosecution. This removes the witness's fear of self-incrimination, compelling them to answer questions truthfully.

Usage

This term is used primarily in formal legal contexts, such as court proceedings, grand jury investigations, or congressional hearings. It is a specific type of immunity distinct from "transactional immunity."

Examples

• The prosecutor offered the accomplice use immunity to secure his testimony against the main suspect.
• Under a grant of use immunity, the witness was required to answer all questions, as her statements could not form the basis for charges against her.
• The court explained that use immunity does not prevent prosecution but prevents the of the compelled testimony or its fruits.

Advanced Usage

• "Use and derivative use immunity": This is the full technical name, emphasizing that both the direct testimony and any evidence discovered as a result of it ("derivative" evidence) are protected from use against the witness.
• Contrast with "Transactional Immunity": Use immunity is narrower. Transactional immunity provides complete protection from prosecution for any offense related to the testimony, while use immunity only prohibits the of the testimony; the witness could still be prosecuted if independent evidence is found.

Variants and Related Words

• Immunity (n): A broader legal term for protection from legal liability or prosecution.
• Self-incrimination (n): The act of exposing oneself to criminal prosecution through one's own statements.
• Compelled testimony (n): Statements a witness is legally forced to give.

Synonyms

• Testimonial immunity (in specific contexts)
• Use and derivative use immunity (full term)

Related Legal Concepts

• Fifth Amendment: The constitutional right in the U.S. against self-incrimination, which use immunity is designed to address.
• Kastigar hearing: A legal proceeding to determine if a prosecutor's case against a previously immunized witness is based on evidence derived from sources wholly independent of the immunized testimony.

Noun

1. 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