Use immunity definition

Use immunity means that, while the government may prosecute witness for offences related to subject matter of witness’ testimony, the witness’ testimony itself and any fruits there from, may not be used against witness in any criminal case except prosecution for perjury arising out of testimony. “Use immunity” should be differentiated from “transactional immunity” which provides complete protection from prosecution for certain criminal acts. In theory a person given “use immunity” could still be prosecuted for a crime he testified about, if the prosecutor had independent evidence that was not derived from the immunized testimony. See, U.S. v. Apfelbaum , 445 U.S. 115 (1980). Such prosecutions are rare.
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Use immunity means that the in-court testimony, statements made in the course of court ordered psychological evaluation or treatment program, records, documents or other physical objects produced by a respondent who has been granted use immunity status by the court shall not be used against that respondent in a criminal prosecution.
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Use immunity means that the in-court testimony, statements made in the course of court
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Examples of Use immunity in a sentence

  • Use immunity provides that anything the officer says under the grant of immunity, and any evidence derived from their statements, cannot be used against him or her in a criminal proceeding (except for perjury or false swearing if the information is not truthful).

  • If a sample is to be taken by some state body other than the CAS, than authorized customs authority should take it on its behalf.

  • Under federal law and the law of most states, individuals who testify in a grand jury proceeding receive “use immunity.” Use immunity means that any testimony given by a witness or any evidence derived from that testimony may not be used against the witness in a criminal proceeding.

  • Use immunity “prohibits the prosecutorial authorities from using the compelled testimony in any respect, and it therefore [e]nsures that the testimony cannot lead to the infliction of criminal penalties on the witness.” State v.

  • NEGATIVE DECLARATION The Director of the Community Development Department for the City of Davis, California, a municipal corporation, has determined that the project described below and further defined and discussed in the environmental checklist / initial study will not have a significant effect on the environment.

  • This section does not preclude a person from applying to any court of competent jurisdiction or a court of another state for relief from a request to appear, testify, file a statement, produce records, or obey a subpoena.(e) Use immunity procedure.

  • Use immunity precludes the government from using the statements of interviewees, or information developed from those statements (their fruits), in criminal proceeding against them.

  • Use immunity, which prohibits the use of information provided by a person from being used against that person.

  • Use immunity conferred to a witness in SEC investigations will not, however, shield that witness from liability in civil proceedings.The SEC can still bring civil or administrative proceedings against the witness based upon the immunized testimony.

  • Use immunity is the more common of the two types, and IG investigators are likely to work with only this type.

Related to Use immunity

  • Intellectual Property Claim any claim or assertion (whether in writing, by suit or otherwise) that a Borrower’s or Subsidiary’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other Property violates another Person’s Intellectual Property.

  • Background Intellectual Property means all Intellectual Property introduced and required by either Party to give effect to their obligations under this Agreement owned in whole or in part by or licensed to either Party or their affiliates prior to the Commencement Date or developed after the Commencement Date otherwise pursuant to this Agreement;

  • Licensee Know-How means all Information that is: (a) Controlled by Licensee or its Affiliates as of the Effective Date or during the Term that is not publicly known, even though parts thereof may be known, and (b) necessary to develop, make, have made, use, sell, offer to sell, have sold, import or export the Product. “Licensee Know-How” does not include Licensee Patent Rights.

  • Foreground Intellectual Property means all Intellectual Property developed by either Party pursuant to this Agreement;

  • Third Party Intellectual Property means any intellectual property owned by parties other than Grantee or Agency.

  • Background Intellectual Property Rights means Intellectual Property Rights owned, controlled or furnished by either Party other than Foreground Intellectual Property Rights.

  • Contractor Intellectual Property means any intellectual property owned by Contractor and developed independently from Contractor’s performance of this Contract;

  • Licensee Patents means all Patents Controlled by Licensee and any of its Affiliates or Sublicensees that are necessary (or with respect to Patent applications, would be necessary if such Patent applications were to issue as Patents) for the Exploitation of the Licensed Product, the Licensed Compound or any Licensee Improvement thereto, including those that claim or cover any Licensed Compound, Licensed Product, Licensee Know-How, any Licensee Improvement thereto or the Exploitation of any of the foregoing, but excluding any Joint Patents.

  • Licensed Intellectual Property means Intellectual Property licensed to the Company pursuant to the Company IP Agreements.

  • Subject of a Clinical Trial means the health care service, item, or drug that is being evaluated in the Approved Clinical Trial and that is not a Routine Patient Cost.

  • Business Intellectual Property means the Licensed Intellectual Property and the Owned Intellectual Property.

  • Project Intellectual Property means any Intellectual Property created under, or otherwise in connection with the Project.

  • Background IPR means any Intellectual Property Rights (other than Project IPR) belonging to either party before the Commencement Date or not created in the course of or in connection with the Project;