RE-EXAMINATION OF DEFENSE WITNESS IMMUNITY - A NEW USE FOR KASTIGAR

• NCJ Number: 7525
• Journal: Harvard Journal on Legislation Volume: 10 Issue: 1 Dated: (DECEMBER 1972) Pages: 74-98
• Author(s): ANON
• Date Published: 1972
• Length: 25 pages
• Corporate Author: Harvard University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

SUGGESTION THAT THE SUPREME COURT DECISION ALLOWING TESTIMONIAL IMMUNITY NOW PERMITS USE OF COMPELLED TESTIMONY BY DEFENSE AS WELL AS PROSECUTION.

Abstract

THE COURTS HAVE BEEN UNWILLING TO GRANT TOTAL IMMUNITY TO DEFENSE WITNESSES SINCE SUCH A PROCEDURE WOULD LEAD TO SOME PERPETRATORS OF CRIMES ESCAPING JUSTICE. THE AUTHOR SUGGESTS THAT THE LIMITED IMMUNITY NOW AVAILABLE PRECLUDES SUCH A POSSIBILITY AND THAT THERE IS NO LONGER A COMPELLING SOCIETAL INTEREST IN DENYING DEFENDANTS TESTIMONY WHICH IS POSSIBLY EXCULPATORY.