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USE IMMUNITY - JAIL FOR THOSE WHO REFUSE TO PLAY

NCJ Number
31730
Journal
Trial Volume: 12 Issue: 1 Dated: (JANUARY 1976) Pages: 66-67,70
Author(s)
J AVNER; K JOHNSON
Date Published
1976
Length
3 pages
Annotation
THE PRINCIPLE OF IMMUNITY EXAMINED AS A VIOLATION OF THE FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION.
Abstract
THE ARTICLE TRACES THE EVOLUTION OF IMMUNITY FROM PROSECUTION GRANTED IN EXCHANGE FOR TESTIMONY FROM ITS BEGINNING IN AN 1857 CONGRESSIONAL STATUTE THROUGH JUDICIAL AND LEGISLATIVE MODIFICATIONS TO ITS PRESENT FORM. USE IMMUNITY, WHICH FORBIDS PROSECUTION OF THE WITNESS ON THE SUBSTANCE, BUT NOT THE SUBJECT OF HIS TESTIMONY, IS THE CURRENT IMMUNITY MODEL ESTABLISHED BY THE ORGANIZED CRIME CONTROL ACT OF 1970.