Title II - General Immunity

Greenbaum, Jeffrey J.

Journal: University of Michigan Journal of Law Reform

Volume: 4

First Page: 577

Year: 1971

Bluebook Citation: 4 U. MICH. J. L. REFORM 577 (1971)

Author: Jeffrey J. Greenbaum: all 4 publications


Abstract

This title repeals or conforms the over fifty existing federal immunity statutes and establishes a uniform federal immunity statute to apply to proceedings before or ancillary to a court, grand jury, or agency of the United States, either house of Congress, or its joint committees, committees or subcommittees. The scope of immunity granted protects a witness from the use of his testimony or its fruits in a future criminal prosecution, but does not protect him from prosecution itself. This reflects a positive decision by Congress that the fifth amendment self-incrimination clause only requires a grant of what has been referred to as "use" or "testimonial" immunity rather than "transactional" immunity. Originally, this provision was promulgated to strengthen the evidence gathering process against organized crime: it applied only to court and grand jury proceedings.

Subsequently, the recommendations of the National Commission on Reform of Federal Criminal Laws were adopted establishing a general federal immunity statute that applied to legislative and administrative proceedings as well as judicial proceedings.

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