William F. Johnson Defense Witness Immunity: Time for Supreme Court To Weigh In
In his Corporate Crime column, William Johnson discusses how different circuit courts use different tests when deciding to immunize a defense witness. Some circuits have strict requirements for obtaining such an order while others have taken a more equitable approach. In Theryn Jones v. United States of America, the Supreme Court has a meaningful opportunity to address this long-standing split in the circuits on whether a more balanced standard should apply to requests for defense witness immunity.
March 01, 2023 at 02:00 PM
14 minute read
Prosecutors possess broad and largely unfettered authority to confer or request immunity for individuals. Their discretion stems from the power to pursue criminal charges, which falls squarely within the domain of the executive branch. Entrusting some of that discretionary authority to the judiciary— and thus limiting or even foreclosing future prosecutions of the immunized individual—has substantial separation of powers implications.
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