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Legal Definitions - testimonial immunity

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Definition of testimonial immunity

Definition: Testimonial immunity is a legal protection that prevents a person's compelled testimony from being used against them in a criminal case. It is a logical extension of the Fifth Amendment right against self-incrimination.

Examples: If a witness is compelled to testify in a criminal case, their testimony cannot be used against them in a subsequent criminal proceeding. However, any information derived from that testimony can be used against them. This protection only applies in a subsequent criminal prosecution in which the witness is subject to prosecution for an offense related to their earlier testimony.

Explanation: Testimonial immunity is a legal protection that ensures that a person's compelled testimony cannot be used against them in a criminal case. This protection is only available when a witness is compelled to testify and does not apply when a witness testifies voluntarily. The purpose of this protection is to prevent the government from forcing a person to incriminate themselves and to encourage witnesses to testify truthfully without fear of prosecution.

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Simple Definition

Testimonial immunity is a type of protection given to a person who is forced to give testimony in a criminal case. It means that the person's testimony cannot be used against them in a future criminal prosecution. However, any information derived from that testimony can still be used. This protection only applies if the person is compelled to testify and does not apply if they testify voluntarily. It is like a shield that protects the person from being punished for what they say in court.

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