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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
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2 Answers2

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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
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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
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