CRJ325 - WEEK 8 - DISCUSSION 8

"Immunity"

Assume you are a lawyer defending someone in a prosecution for bribery against a high government official. Your client, a codefendant, is given a choice by the prosecutor between transactional immunity and use and derivative use immunity. Which immunity would you advise your client to take? Support your response.

As the attorney, defending a co-defendant that is in custody of the government (police department) for bribery who is in threat of being prosecuted. My advice to my client is to explain the difference between transactional immunity and use and derivative use immunity and the consequences of both. Therefore, with that thought in mind the co-defendant has revealed either that he or she was involved and is interested in a plea for immunity. As such my purpose as the attorney would be to advise to take the stance of transactional immunity. With this plea my client would be deposed to complete immunity and will walk free. Consequently, if my client participated in the crime of bribery he or she will be exonerated from the act.

My purpose is to clear my client and giving the best advice I can that will cause he or she to remain free. Use and derivative use immunity is in my eye and concept a faulty move because I would accept only transactional immunity and not use and derivative use immunity because there is only guarantee of half immunity but the acts of bribery along with testimony are still chargeable and make the person accountable. Further the Sixth and Fourteenth Amendment acts as a guarantee of representation, a fair and impartial trial and allows the use of the two immunities (use and derivative use immunity and transactional immunity).

Thank you.

Felicia

REPLY TO CO-STUDENT

I agree that transactional immunity is indeed a blanket (to cover a multitude of sins or crimes) and will afford total immunity and freedom. Any testimony given will affect the client and will allow the closing of the door to any involvement in the crime and no prosecution. But as a note the client has to agree disclosing the rights of choice is all an attorney can do. Therefore, agreeably it still remains a choice and the client’s ability to understand and choose.

Thank you.

Felicia

REPLY TO CO-STUDENT

I agree with your post transactional immunity is what I would advise also because first the client has to be treated fairly and informed of his rights and then asked which stance he would like to make (transactional or use and derivative use immunity). As a good defendant attorney my efforts would be concentrated on my client with offering of good advice.

Thank you.

Felicia

REPLY TO CO-STUDENT

I agree with your post the transactional immunity is a compelling factor when the acknowledgement is there that they can disclose all information to be relieved from serving time or totally refuse immunity. Sometimes in the mind of a criminal “a rat is a rat” but when facts reveal entrapment or other ulterior motives the accused will sometimes not choose immunity but will take the blame as part of the crew. But when looked at as entrapment or ulterior motives being deliberately done the client (co-defendant) will probably enter a plea for immunity to get free of the consequences of the crime.

Thank you.

Felicia