CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........Application: Potential for Crim. Prosectn
............Immunity From Prosecution
9 Cards On This Topic:

Self-incrimination claims in felony proceedings; immunity from prosecution.

No error in allowing W to take the 5th where basic questions about his family background and relationship to D, seemingly innocuous, could have exposed him to prosecution for solicitation of murder or as an accessory.

As DAs not under general obligation to provide immunity to Ws to assist D, DA did not procure W's absence at trial by failing to offer him immunity.

Requirements for grant of use immunity in civil case; distinction between use and transaction immunity.

In order to compel witness to testify in criminal proceeding, DA must apply to court and comply with Pen. Code §1324 requirement of transactional immunity; offer of limited use immunity insufficient.

Pen. Code §1324 confers transactional, not use, immunity. D may not be given immunity re matters incriminating him in other charged offenses and then be prosecuted, even if immunized testimony not used.

DA has discretion to limit grant of transactional immunity; may offer transactional immunity as to murder, then prosecute D on pending robbery, utilizing use immunity as to that charge; scope of immunity.

D may not require DA to grant immunity to D's witnesses, in order to insure he has fair trial.

D does not have standing to object to grant of immunity to witness who testifies against him.