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Case for a New Immunity Law in New York

NCJ Number
111076
Date Published
1988
Length
63 pages
Annotation

New York State's current witness immunity law permitting 'transactional' immunity (no prosecution for any matter discussed in grand jury testimony) should be changed to 'use' immunity (prosecution permitted on testimony subjects for which there is evidence totally independent of the testimony).

Abstract

New York's current immunity law provides for both 'transactional' and 'automatic' immunity, the latter providing that immunity is automatically provided for all grand jury witnesses without the necessity of special immunity action. Transactional immunity was originally included in the statute in the mistaken belief that it was constitutionally required. Transactional immunity, however, has resulted in severe miscarriages of justice, the foregoing of grand jury investigations to prevent the immunizing of guilty parties, and the emasculation of investigative grand juries. Under law reform proposed by the New York State District Attorneys Association, immunity would continue to be conferred automatically, but immunity would only disqualify future prosecution of an immunized witness based on the direct or indirect use of the testimony. Prosecution could be initiated on matters discussed in the testimony on the condition that the evidence is in no way derived from the immunized testimony. The proposed law provides many safeguards to ensure that prosecution evidence complies with this criterion. The proposed bill is included.

Corporate Author
New York State
Address

25 Delaware Avenue, Buffalo, NY 14202, United States

Publication Format
Document
Publication Type
Legislation/Policy Analysis
Language
English
Country
United States of America

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