What is the privilege against self-incrimination when a witness has been granted immunity from prosecution?

California, United States of America


The following excerpt is from People v. Sehmbey, F069142, F069567 (Cal. App. 2016):

the privilege against self-incrimination, since generally, "where a witness receives immunity, that witness's testimony is compelled and the witness no longer has a privilege against self-incrimination. [Citations.]" (People v. Morgain (2009) 177 Cal.App.4th 454, 466-467.)

In People v. Hathcock (1971) 17 Cal.App.3d 646 (Hathcock), on which the trial court primarily relied, a murder occurred. Sometime later, Hathcock, who was the wife of one of the murder suspects, was granted immunity pursuant to section 1324 from prosecution for any offense arising from the murder. She thereafter gave a written statement to the district attorney implicating her husband in the killing. She also testified for the prosecution at her husband's first trial, which ended in a mistrial. At the second trial, she again testified for the prosecution and implicated her husband; however, when asked if she had truthfully told defense counsel her husband was not involved, Hathcock stated she could not answer the question because she would have a perjury charge if she did. Hathcock ultimately testified she knew her husband had not done it, because he was not there. Based on this last answer, she was prosecuted for, and convicted of, perjury. (Id. at p. 648.)

Other Questions


Does immunity granted by a federal court grant a witness immunity from prosecution for later use of their testimony? (California, United States of America)
Can a jury infer that a witness who refused to testify after a grant of immunity from prosecution is a member of a criminal gang who was subsequently granted immunity? (California, United States of America)
Does a promise of immunity from prosecution in return for testimony from a witness in a criminal investigation constitute immunity? (California, United States of America)
Can witnesses be granted immunity on the condition they testify truthfully or be subject to prosecution for perjury? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
Does use immunity prevent use immunity from prosecution of witness testimony? (California, United States of America)
Can a protective order be made in a civil discovery proceeding granting witness immunity from prosecution? (California, United States of America)
Does our decision not to grant a state official immunity from liability in a medical malpractice case affect the immunity granted to a state employee? (California, United States of America)
Can a witness be granted immunity from prosecution for perjury? (California, United States of America)
In assessing the prosecution's reasonable diligence in locating a missing witness so that it can use that witness's preliminary hearing testimony, does the prosecution need to conduct a "twofold inquiry"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.