For questions about immunity from civil or criminal liability conferred on a natural or legal person. When asking, please use tags for specific types of immunity where possible e.g.: official-, diplomatic-, parliamentary-, sovereign-.
Questions tagged [immunity]
33 questions
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Can someone explain the Trump immunity ruling?
The US Supreme Court handed down their ruling in the presidential immunity case regarding Donald Trump and the January 6 insurrection. From what I've been able to tell from news reports, they said that the President has immunity for "official acts",…
Barmar
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Why does Double Jeopardy apply if you confess?
If you were tried for murder and acquitted - then you go out and publicly admit that they were wrong, you did actually murder that person. Where is the justice in not being able to be tried again in those circumstances? There is now no doubt that…
Jon
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Why does the Trump immunity decision further delay the trial?
Why is Trump heralding this as a victory, and why are Democrats and the liberal justices saying this puts the president above the law?
There’s another excellent question on the Trump immunity decision with a lot of answers, but I still have…
Michael Atkins-Prescott
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Can police offer an “immune interview”?
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,…
SegNerd
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Did the SCOTUS immunity decision grant immunity for using the military to assassinate a political opponent?
In her dissent in Trump v. United States, 603 U.S. ___ (2024), Justice Sonia Sotomayor wrote
When he uses his official powers in any way, under
the majority’s reasoning, he now will be insulated from
criminal prosecution. Orders the Navy’s Seal…
Barmar
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4 answers
Does immunity void the Fifth Amendment?
There's a scene in 'The Blacklist' where a character is being interviewed about having been subpoenaed to testify in front of a grand jury. His lawyer quickly jumps in to say that his client will be taking the fifth to every question that is asked.…
Ethan
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Hypothetical POTUS divorce
If the spouse of the President of the United States filed for divorce, would
the President have any claim of immunity from any litigation that followed (e.g. the division of assets in the matrimonial pot, child custody, etc.),
would all the…
BakedAlaska624
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Does The Crown have the authority to restrict the rights of a Royal family member?
An issue that somehow got lost in the recent Meghan and Harry allegations is the claim that Meghan had to give up her driver's license and keys. The only reference to legality of this action I found was this article in which several Royal family…
Probably
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Has the Supreme Court given any examples where presumptive immunity would be overcome?
In the recent US Supreme Court ruling on presidential immunity, Trump v. United States, the Court found that there is absolute immunity for actions within the president's "exclusive sphere", and presumptive immunity for official acts outside of that…
kaya3
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Is a person who testifies to Congress immune from civil action for their testimony?
Inspired by this question, can a person who testifies before Congress be immune from civil action resulting from their testimony?
Michael Hall
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What protection against a perjury prosecution does a hostile witness have?
Smith is subpoenaed as a witness for the defense in a criminal case. The prosecution is allowed to treat the witness as hostile, and Smith is directed to limit his responses to yes and no. Assume that the defense attorney decides that Smith is not…
user6726
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Can the US president be charged of crime such as murder while in office?
If the US president commits murder during his vacation as an unofficial action during his presidential term, can he be charged with a crime in court (i.e., in the judiciary branch) before he steps down as a president?
xuhdev
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Would Trump's lawsuit against Judge Juan Merchan be barred by Spark v. Stumpman?
Donald Trump filed a lawsuit against Judge Juan Merchan today after he issued a limited gag order earlier to prevent damaging judicial administration via witness and jury intimidation.
The Supreme Court of the United States ruled in Stump v.…
Anthony
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Why did Jack Smith concede federal DC circuit appeals court has jurisdiction over Trump immunity claims when he could've relied on SCOTUS precedent?
Special prosecutor Jack Smith conceded that the DC circuit has appellate jurisdiction to hear Trump's interlocutory (interim) appeal over denial of criminal immunity for his actions on 1/6/2021 under 28 U. S. C. § 1291 , allowing for immediate…
Anthony
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Can Netanyahu use sovereign or diplomatic immunity as his defence to evade the arrest warrant issued by the ICC?
I listened to some experts, and I think the answer is no. But I'm not sure why.
By the way, I'm not sure if it's more relevant "sovereign immunity" or "diplomatic immunity". Answers are welcome for each case.
EDIT: I did some research, and even if…
bestofthebeast
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