What is the legal status of testimony given under immunity?

Prepare for the Criminal Procedure Bar Test with comprehensive quizzes. Enhance your skills with multiple choice questions, hints, and thorough explanations. Achieve success on exam day!

Testimony given under immunity is designed to protect the witness from self-incrimination, meaning that anything they say during that testimony cannot be used against them in a criminal prosecution. This principle is rooted in the Fifth Amendment of the U.S. Constitution, which guarantees individuals the right against self-incrimination. When a witness testifies under a grant of immunity, they are essentially given a shield that protects their statements from being utilized to prosecute them for any offenses related to the testimony.

This legal status is critical in ensuring that witnesses are encouraged to speak freely and provide essential information without the fear of self-incrimination. The immunity can be either transactional, granting the witness total protection regarding the transaction discussed, or use immunity, which only protects against the use of their testimony in prosecution but does not grant protection against perjury charges or other offenses disclosed during the testimony.

Thus, the correct understanding is that the testimony cannot be used against the witness, ensuring that the intent of the immunity is upheld. The other options, while they may touch on related concepts, do not accurately reflect this foundational aspect of legal immunity.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy