Thursday, August 8, 2019
Final Exam Essays Essay Example | Topics and Well Written Essays - 500 words
Final Exam Essays - Essay Example ââ¬Å"Use Immunityâ⬠is a bit narrower in its classification in terms of what can be used within the trial and what the Fifth Amendment Privilege protects. In use immunity, statements made by the witness cannot be used against the immunized person. At the same time, the persecution is not in agreement that it will not persecute the person given use immunity. This type of immunity does not give definite protection under the Fifth Amendment privilege; at a later date, the court under independent or untainted types of evidence may persecute the person. Finally, testifying without asserting oneââ¬â¢s right against self-incrimination wouldnââ¬â¢t receive transactional immunity, but is a viable candidate for use immunity. These are two of the three different types of immunity classified under ones Fifth Amendment rights. ââ¬Å"Sovereign Immunityâ⬠is the immunity that says that the state or government entity cannot commit legal wrongdoing. It is based in the English roots of our country, generally exalting the concept that the crown or higher governmental power is always right. For this reason, it is sometimes called ââ¬Å"Crown Immunity.â⬠Much like the name, sovereign immunity holds a state or federal entity immune from any or criminal prosecution unless they expressly consent to waiving this right. This is true in many cases where the United States, the concept of sovereign immunity is waived by the government or the government gives its consent to suit. The differentiation between federal and state sovereign immunity is defined and explained, though it isnââ¬â¢t the most clear-cut outline and is constantly being debated. in the eleventh amendment, it describes suits between the federal government and states, between states themselves and between individuals in different states. Fe derally, the government prefers to
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