Witness immunity in federal criminal trials is the topic explored by McKool Smith senior counsel and (and co-author) Doreen Klein in an article for the November 2011 issue of Business Crimes Bulletin. The prosecution can obtain immunity for its own witnesses but withhold it from the defense. However, even though the statutory deck is stacked in the government’s favor, sometimes a defendant is able to obtain court-ordered immunity for a defense witness over the government’s objection. According to Klein, this is a significant concern and should be given full consideration.
The full article can be found here.