Define testimonial immunity.

Define testimonial immunity.

• A. Immunizes a witness from cross-examination
• B. Immunizes a witness from being questioned
• C. Immunizes a witness from disciplinary action
• D. Immunizes a witness against the subsequent use of his statements at a criminal trial

Answer: (D)

Testimonial immunity protects a witness who testifies in exchange for protection against later use of that testimony in criminal prosecutions. The key idea is that the government cannot rely on the compelled statements or anything derived from them to prosecute the witness for crimes related to those statements. That’s why the best description is that it immunizes the witness against the subsequent use of their statements at a criminal trial. It does not stop questions or cross-examination, nor does it shield the witness from disciplinary action for other matters. And lying under oath can still carry separate consequences, such as perjury charges.

Testimonial immunity protects a witness who testifies in exchange for protection against later use of that testimony in criminal prosecutions. The key idea is that the government cannot rely on the compelled statements or anything derived from them to prosecute the witness for crimes related to those statements. That’s why the best description is that it immunizes the witness against the subsequent use of their statements at a criminal trial. It does not stop questions or cross-examination, nor does it shield the witness from disciplinary action for other matters. And lying under oath can still carry separate consequences, such as perjury charges.