2023-IPG-55 (IMMUNITY ISSUES)

2023-IPG-55 (IMMUNITY ISSUES)

This edition of the Inquisitive Prosecutors’ Guide discusses immunity grants (use, derivative use, and transactional), and issues relating to immunity, including, but not limited to: (i) when a person is entitled or not entitled to assert the Fifth Amendment privilege; (ii) when a person’s refusal to testify may be done in front of a jury; (iii) formal statutory grants of immunity in felony (PC § 1324), misdemeanor (PC § 1324.1), and juvenile (CRC Rule 5.548) cases; (iv) informal (nonstatutory) immunity agreements and proffers; (v) Kastigar hearings; (vi) judicially-initiated immunity grants in criminal cases and quasi-criminal cases; (vii) judicially-initiated immunity grants in civil cases; (viii) legislatively-authorized grants of immunity in non-criminal cases; (ix) hen and how prosecutors can use immunized (Lybarger’d) statements of public safety officers or other government employees (Spielbauer’d) statements.  The podcast features Santa Clara County Supervising District Attorney Bryan Slater.