13

I feel like I heard about this idea somewhere, but I can’t remember if it’s a real thing or what the correct name for it is.

Let’s say Bob was committing a crime, and while doing so, he witnessed Fred committing a worse crime. No one else saw Fred, and the police will not be able to solve Fred’s crime without Bob. Bob wants to help solve Fred’s crime, but he doesn’t want to incriminate himself.

Is there a type of meeting or interview that police can offer where they agree that none of the information gained in the interview will be used against the person they are interviewing? The police would presumably only offer this if they had no other options available, but I’m just asking if it’s something they can do.

I know courts can make immunity deals, but can police set up something like this directly?

SegNerd
  • 6,355
  • 3
  • 37
  • 61

3 Answers3

30

This is called "witness immunity". Usually set up by the prosecution, not the police. In situations like this, Bob would hire an attorney to represent them, and approach the local DA with the proposal to exchange the testimony and evidence for an immunity deal so that Bob wouldn't incriminate themselves through their testimony. If an agreement is signed, Bob then comes in and provides the testimony. See also here and here.

Also, in other countries, called "state's evidence" or "state witness". Sometimes these agreements are also attached to plea bargains, with reduced sentences instead of immunity.

littleadv
  • 8,641
  • 2
  • 17
  • 45
4

This sounds like a "proffer session". https://en.wikipedia.org/wiki/Proffer_agreement

"Witness Immunity" just means that the witness won't be charged for some other crime. A "Proffer Session" is the negotiation where the witness tells what s/he could testify to, if s/he gets immunity.

(I'm not a lawyer, and my knowledge of proffer sessions comes entirely from David Rosenfelt's Open and Shut)

ralphmerridew
  • 164
  • 1
1

Prosecutors can, but not police.

See https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/prosecution-service/crown-counsel-policy-manual/imm-1.pdf

Immunity from prosecution may be granted to a suspect, accomplice, accused, or witness in exchange for the person’s agreement to give truthful evidence in court.

It is not up to police to make the offer of immunity.

Granting immunity from prosecution is an extraordinary exercise of prosecutorial discretion. Only a Regional Crown Counsel, Director, or their respective deputy may agree to grant immunity. Before they grant immunity, they should advise the Assistant Deputy Attorney General and the informer witness registry of their decision.

The result of any immunity negotiations will be documented in writing.

Negotiations for and grants of immunity should be clearly documented. The immunity agreement should be in writing and signed by the witness, the witness’ counsel, and a Regional Crown Counsel, Director, or their respective deputy. ... After an immunity agreement is signed, Crown Counsel should provide a copy to the informer witness registry.

Jen
  • 87,647
  • 5
  • 181
  • 381