Immunity

Immunity. There are two types of immunity: transactional immunity and use immunity. Transactional immunity is immunity from prosecution for any criminal conduct related to the testimony. Use immunity prevents the use of the testimony in a subsequent prosecution.

Transactional immunity vs. Use immunity

Testimony covered by transactional immunity may be subject to prosecution for perjury. (United States v. Apfelbaum (1980) 445 U.S. 115 [100 S.Ct. 948].)

Transactional immunity does not cover testimony that is totally unresponsive to the question asked.

A grant of transactional immunity may be limited to less than all crimes.

Notable cases

Federal cases

United States v. Wilkes, Nos. 11–50152, 12–50257. (9th Cir. Mar. 20, 2014.)