Immunity (law)

Immunity (law), an exemption or freedom from liability or penalty under criminal or civil law. The privileges and immunities of U.S. citizens are dealt with in the U.S. Constitution in Article IV, in the 14th Amendment, and in the 5th Amendment, which provides that no person “shall be compelled in any criminal case to be witness against himself.” This provision is applicable on the federal or state level to persons charged with crime or to witnesses in any proceeding; defendants and witnesses may refuse to furnish evidence that might tend to incriminate themselves. In the U.S. a frequent use of immunity occurs in criminal law when a witness is granted immunity from prosecution for possible self-incrimination while testifying for the state.

Immunity may also be based on the official status of the parties involved. For example, U.S. senators and representatives enjoy a limited privilege of immunity while in attendance at legislative sessions. In the U.S. and in many other countries legislators may engage in free debate and speeches in the course of their duties without fear of prosecution. In international law, accredited representatives of foreign governments are granted diplomatic immunity from liability in criminal and civil actions in the countries in which they serve. The latter practice is a matter of mutual courtesy among nations.

Governments are generally immune from civil actions taken by private citizens; this immunity may be waived, however, with the consent of the governmental body. The U.S., for instance, has specific procedures to allow for claims against federal and state governments.