Legal immunity offers protection from prosecution in certain circumstances. Examples include judicial immunity for witnesses in exchange for testimony, prosecutorial immunity with general or use immunity, and diplomatic immunity for diplomats and rulers. Immunity does not cover major crimes and lawmakers and judges are still subject to the law.
Legal immunity is a type of legal protection that is offered to certain people in particular circumstances. Essentially, someone with this protection cannot be prosecuted. Probably the best-known example of legal immunity is judicial immunity, which is sometimes offered to a witness in exchange for her testimony in a case. In exchange for testimony, the prosecution agrees not to prosecute the witness for the crimes he or she discusses in the testimony. This is often used in conspiracy cases where prosecutors are willing to let petty criminals go if it means they can bring down the bosses.
There are numerous different types of statutory immunity, each offering different types of protection. In the case of prosecutorial immunity, for example, a prosecutor may choose to offer general immunity or use immunity. In general immunity, also known as settlement immunity, the prosecutor agrees not to pursue any type of legal charges against the witness for past crimes. Under immunity use, a prosecutor cannot use a witness’s testimony to build a case against him or her, but the prosecutor is authorized to prosecute the witness for past crimes.
In many countries, judges are offered a form of legal immunity known as judicial immunity. Recognizing that it is important for judges to be fair and impartial, nations do not allow certain types of lawsuits against judges and court officials so that these people can do their jobs without fear of retaliatory lawsuits. Because a judge can make decisions that could negatively impact someone’s life, this type of immunity can be very important. Similar protections are also sometimes offered to members of parliament or the legislature.
Diplomats and rulers also have a special kind of legal immunity. In the case of diplomats, governments recognize that diplomacy is extremely important and that diplomats might be afraid to serve if they could be prosecuted in host countries. Under diplomatic immunity, diplomats can be expelled, but generally cannot be tried for actions related to their role as diplomats. If a diplomat commits a crime such as murder, however, diplomatic immunity is waived. Sovereigns are assumed to be above the law in many nations, and are thus granted immunity.
It’s important to remember that legal immunity comes in a variety of flavors. Witnesses who are granted immunity, for example, are exonerated from responsibility for past crimes, but may still face trial in the future for crimes they have not disclosed or for crimes committed after the trial. Even legal immunity for people like diplomats and rulers doesn’t cover major crimes, and lawmakers and judges are still subject to the law outside the legislature and the courtroom.
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