BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007
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Section 5 - Special Trial Problems

    5.02 Grants Of Immunity (18 USC 6002, 6003; 21 USC 884; 28 C.F.R. § 0.175)

        5.02.1 Grants Of Immunity: Procedures
        5.02.2 Grants Of Immunity: Other Sources

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

5.02.1 Grants Of Immunity: Procedures

FORECITE National™ Materials Related To This Issue:

25.5 Witness Immunity

25.6.2 Accomplice, Informer, Immunity: Testimony From Such Witness Should Be Considered With Greater Caution

35.4 Consciousness Of Innocence Based On Rejection Of Immunity Offer

257.5 Immunity From Prosecution

The cited statutes provide for the entry of an order requiring an individual to give testimony or provide other information at any proceeding before or ancillary to a court of the United States or a grand jury of the United States after the court ensures compliance with the requirements of 18 USC§ 6002, 6003, and 28 C.F.R. § 0.175, or, in the case of testimony or information concerning controlled substances, compliance with 21 USC 884 and 28 C.F.R. § 0.175.

A. Review the motion of the U.S. attorney to satisfy yourself that

1. the motion is made with the approval of the Attorney General, the Deputy Attorney General, or any designated assistant attorney general of the United States Department of Justice;

2. the motion asserts that the testimony or other information from the individual may be necessary to the public interest; and

3. the motion asserts that the individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination.

B. If the above requirements have been met, enter an order reflecting the court’s satisfaction that the prerequisites have been met and ordering, pursuant to 18 USC 6003 or 21 USC 884, that

1. the person shall give testimony or provide other information as to all matters about which the person may be interrogated before the court or the grand jury, testimony that he or she has refused to give or to provide on the basis of the privilege against self-incrimination;

2. the order shall become effective only if, after the date of the order, the person refuses to testify or provide other information on the basis of his or her privilege against self-incrimination;

3. no testimony or other information compelled from the person under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the person in any criminal case except in a prosecution for perjury, for giving a false statement, or for otherwise failing to comply with the order; and

4. the motion and order are to be sealed, if appropriate.

C. Cause the (sealed) motion and order to be delivered to the clerk of court.

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

5.02.2 Grants Of Immunity:  Other Sources

Pattern Criminal Jury Instructions 32 (1987)

Manual for Complex Litigation, Fourth 228 n.683 (2004)

Donald S. Voorhees, Manual on Recurring Problems in Criminal Trials 128–29 (5th ed. 2001)