What is "use immunity" for a defendant in a civil case?

California, United States of America


The following excerpt is from People v. Superior Court (Perry), 213 Cal.App.3d 536, 261 Cal.Rptr. 665 (Cal. App. 1989):

The People next ask us to find the existence of "use" immunity under instant circumstances. As we noted at the outset of this discussion, immunity is a creature of statute and its terms have been defined by the Legislature in Penal Code section 1324. " 'Use immunity' precludes punishment for the compelled disclosures by cutting the causal link between the incriminating testimony and its use through the exclusion of the compelled testimony or any evidence derived from it.... 'Transactional immunity' immunizes the defendant from prosecution for any offense which is implicated by the compelled testimony whether or not the testimony is in fact used." (People v. Campbell (1982) 137 Cal.App.3d 867, 873-874, 187 Cal.Rptr. 340).

In the instant matter, the People's offer of immunity was limited to a grant of use immunity. 3 In People v. Campbell, supra, 137 Cal.App.3d 867, 187 Cal.Rptr. 340, [213 Cal.App.3d 541] the court considered the issue of the

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