Immunity is an exemption from a legal requirement, prosecution, or penalty granted by statute or government authorities. The main types of immunity are witness immunity, public officials immunity from liability, sovereign immunity, and diplomatic immunity. Factors considered when granting immunity from prosecution for witnesses include the seriousness of the offense, reliability, and Involvement in criminal activity. Governmental, sovereign, and diplomatic immunity are also granted for specific persons and circumstances.
There are four principal types of immunity:
- Witness immunity from prosecution is granted to someone in exchange for information or testimony in a criminal trial.
- Public officials’ protection from liability protects officials like city managers and police chiefs from liability for their decisions. It also protects state and federal lawmakers and executives in connection with their conduct of official duties.
- Sovereign or governmental immunity protects a sovereign state or agency from lawsuits without their consent.
- Diplomatic immunity is granted to diplomatic personnel exempting them from the laws of a foreign jurisdiction.
In the case of witness immunity, certain crimes—such as organized crime and racketeering—can only be proved through the testimony of someone who is a “partner in crime” and involved in the same criminal activity. In exchange for their testimony and cooperation, prosecutors in the U.S. may offer such reluctant witnesses immunity from prosecution. There are two types of immunity in such cases:
- Transactional immunity provides blanket protection from prosecution for crimes that a witness is required to testify about.
- Derivative use immunity prohibits information provided by someone from being used against them.
https://www.investopedia.com/terms/i/immunity.asp
By Will Kenton
Full Bio
Will Kenton is an expert on the economy and investing laws and regulations. He previously held senior editorial roles at Investopedia and Kapitall Wire and holds a MA in Economics from The New School for Social Research and Doctor of Philosophy in English literature from NYU.
Learn about our editorial policies
Updated July 30, 2024
Reviewed by Michelle P. Scott
Fact checked by Jared Ecker