What is a prosecutor's duty to grant immunity to a witness?
California, United States of America
The following excerpt is from People v. Wright, 60 Cal.App.4th 1242, 71 Cal.Rptr.2d 287 (Cal. App. 1998):
"[W]hen a trial court has reason to believe that a witness may be charged with a crime arising out of events to which he might testify, it has a duty to insure that the witness is fully advised of his privilege against self-incrimination. [Citations.]" (People v. Warren (1984) 161 Cal.App.3d 961, 972, 207 Cal.Rptr. 912.) However, the trial court must not threaten the witness. (Id. at p. 972, 207 Cal.Rptr. 912.)
"[T]he prosecutor's duty is to administer the immunity power evenhandedly, with a view to ascertaining the truth, and not as a partisan engaged in a legal game." (People v. Hunter (1989) 49 Cal.3d 957, 974-975, 264 Cal.Rptr. 367, 782 P.2d 608.) Generally, no reversible error occurs unless the record contains evidence that "the prosecutor intentionally refused to grant immunity to a key defense witness for the purpose of suppressing essential, noncumulative exculpatory evidence." (Id. at p. 975, 264 Cal.Rptr. 367, 782 P.2d 608.) A prosecutor is also
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