Jun 4, 2025

Prosecutor Immunity

Understanding Immunity in the Legal System

Types of Immunity

Immunity in the legal context refers to protection from prosecution or legal liability. There are several types of immunity, including absolute immunity, qualified immunity, and transactional immunity. These forms of immunity are granted to different individuals and entities within the legal system, such as prosecutors, judges, and witnesses.

What does it mean to be immune to prosecution?

Being immune to prosecution means that a person cannot be prosecuted or held legally liable for certain actions, typically because of their role or because they have been granted immunity in exchange for testimony or cooperation. This protection can be absolute or conditional, depending on the circumstances and the type of immunity granted.

Prosecutorial Immunity

Do prosecutors have full immunity?

Prosecutors generally have absolute immunity from civil suits for actions that are intimately associated with the judicial phase of the criminal process, such as initiating and pursuing criminal prosecutions. However, this immunity does not extend to actions outside their prosecutorial duties, such as administrative or investigative tasks, where only qualified immunity may apply.

Judicial Immunity

Do judges have immunity from prosecution?

Judges are typically granted absolute immunity from civil liability for acts performed in their judicial capacity. This means they cannot be sued for damages for actions taken as part of their official duties, even if those actions are alleged to be in error or malicious. However, this immunity does not protect judges from criminal prosecution or actions outside their judicial role.

Witness and Defendant Immunity

Can you get immunity from prosecution?

In some cases, individuals can be granted immunity from prosecution, usually in exchange for their testimony or cooperation in a criminal investigation. This is often referred to as “use immunity” or “transactional immunity.” Use immunity protects the witness from having their testimony used against them, while transactional immunity provides broader protection from prosecution for offenses related to their testimony.

Conclusion

Immunity plays a crucial role in the legal system, balancing the need to hold individuals accountable with the necessity of encouraging cooperation and protecting officials performing essential functions. The scope and application of immunity depend on the individual’s role and the specific circumstances of each case.

Prosecutor Immunity