Questions tagged [immunity]
For questions about immunity from civil or criminal liability conferred on a natural or legal person. When asking, please use tags for specific types of immunity where possible e.g.: official-, diplomatic-, parliamentary-, sovereign-.
30 questions
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Can Netanyahu use sovereign or diplomatic immunity as his defence to evade the arrest warrant issued by the ICC?
I listened to some experts, and I think the answer is no. But I'm not sure why.
By the way, I'm not sure if it's more relevant "sovereign immunity" or "diplomatic immunity". ...
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2
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Can police offer an “immune interview”?
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 ...
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Has the Supreme Court given any examples where presumptive immunity would be overcome?
In the recent US Supreme Court ruling on presidential immunity, Trump v. United States, the Court found that there is absolute immunity for actions within the president's "exclusive sphere", ...
- 1,271
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Did the SCOTUS immunity decision grant immunity for using the military to assassinate a political opponent?
In her dissent in Trump v. United States, 603 U.S. ___ (2024), Justice Sonia Sotomayor wrote
When he uses his official powers in any way, under
the majority’s reasoning, he now will be insulated from
...
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2
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Why does the Trump immunity decision further delay the trial?
Why is Trump heralding this as a victory, and why are Democrats and the liberal justices saying this puts the president above the law?
There’s another excellent question on the Trump immunity decision ...
34
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1
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Can someone explain the Trump immunity ruling?
The US Supreme Court handed down their ruling in the presidential immunity case regarding Donald Trump and the January 6 insurrection. From what I've been able to tell from news reports, they said ...
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Details of David Pecker's immunity contract
Is the contract granting David Pecker's immunity in the current criminal trial of Donald Trump public?
After being subpoenaed, I assume Pecker felt that the same evidence would come out whether he ...
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5
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1
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Would Trump's lawsuit against Judge Juan Merchan be barred by Spark v. Stumpman?
Donald Trump filed a lawsuit against Judge Juan Merchan today after he issued a limited gag order earlier to prevent damaging judicial administration via witness and jury intimidation.
The Supreme ...
- 425
3
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1
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Based on what legal basis is former AG Edwin Meese arguing that appointment of Jack Smith was improper?
Former attorney general Edwin Meese wrote an Amici Curiae paper to the federal DC Circuit Court of Appeals that Jack Smith's appointment as special prosecutor and counsel in the prosecution of Trump ...
- 425
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Why did Jack Smith concede federal DC circuit appeals court has jurisdiction over Trump immunity claims when he could've relied on SCOTUS precedent?
Special prosecutor Jack Smith conceded that the DC circuit has appellate jurisdiction to hear Trump's interlocutory (interim) appeal over denial of criminal immunity for his actions on 1/6/2021 under ...
- 425
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If the reigning monarch in a constitutional monarchy commits serious offences like terrorism or mass murder, are they really immune from punishments?
Answers for the UK especially welcome but any modern monarchy likewise. What would - or could- happen to King Charles if he went on a rampage and shot up a school and then went and planted/detonated a ...
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0
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If a monarch does something illegal to take the throne, what would be the legal implications of prosecuting them for it?
Assume that, in a modern kingdom, the Crown Prince murders the king. He technically becomes king, as he's the legal heir of the throne. Could the prince be prosecuted for that and denied the throne?
...
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-4
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2
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Prosecution of politicians who violate the constitution
When a politician violates the constitution, why aren't they criminally prosecuted?
There are plenty of examples out there where a politician passes a law that they most likely know wont stand up in ...
- 308
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4
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Why does Double Jeopardy apply if you confess?
If you were tried for murder and acquitted - then you go out and publicly admit that they were wrong, you did actually murder that person. Where is the justice in not being able to be tried again in ...
- 460
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1
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Hypothetical POTUS divorce
If the spouse of the President of the United States filed for divorce, would
the President have any claim of immunity from any litigation that followed (e.g. the division of assets in the matrimonial ...
- 1,253
3
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1
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Why does U.S. government have civil liability for the Parkland shooting?
The U.S. federal government has apparently entered a 9-figure financial settlement of civil claims by victims of the 2018 shooting in Parkland, Florida. (The civil lawsuit alleged government ...
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when immunity is offered in exchange for testimony, how is that not paid testimony and thus ignored?
It seems to me that when someone is offered immunity to testify against their friend-in-crime, they could simply discredit themselves with something along the lines of:
were you paid for your ...
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2
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1
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What makes transactional immunity irrevocable?
Immunity given to witnesses in exchange for a testimony against their accomplices is widely known to be a tool used by prosecutors to compel a testimony. The common understanding is that by being ...
- 2,628
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4
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Does The Crown have the authority to restrict the rights of a Royal family member?
An issue that somehow got lost in the recent Meghan and Harry allegations is the claim that Meghan had to give up her driver's license and keys. The only reference to legality of this action I found ...
- 161
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2
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Immunity for government officials
Officer Brian Sicknick was injured in the January 6, 2021 incident at the Capitol building. It is reported that he was struck on the head and later died of his injuries.
Assume you are Donald Trump's ...
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6
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1
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What protection against a perjury prosecution does a hostile witness have?
Smith is subpoenaed as a witness for the defense in a criminal case. The prosecution is allowed to treat the witness as hostile, and Smith is directed to limit his responses to yes and no. Assume that ...
- 217k
2
votes
1
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State property immune from local taxation?
I know that Federal property is generally immune from local taxes, but what about property owned by the state? Is that just a matter of state law? Is there a term for this kind of immunity because I ...
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3
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Is the US Constitution binding for the US President?
I understand that the President of the United States has some immunity against the law. This makes sense to protect the president from interference and allows for flexibility.
To a European cursory ...
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In the U.S are judges, attorneys, physicians, teachers, professors, politicians, administrative officers liable for ordinary negligence? [closed]
E.g can a judge be tried for mistrial because of ordinary negligence?
They are not employees or workers so that they could be reasonably absolved for ordinary negligence.
We expect employees to be ...
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1
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Sovergin Immunity with respect to criminal activity?
I have been looking without immediate success for references speaking to the Sovereign Immunity Doctrine exceptions, especially with respect to financial crimes. Take embezzlement for one example. ...
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1
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Impartiality of the law [closed]
Why is it harder to complain against a police officer (let alone prosecute) than it is to complain against a civilian (for the same crime)?
If a civilian so much as yells at me, I can call 911 and an ...
- 534
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3
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(How) Can Person A grant immunity to Person B for ending Person A's life?
In the US, some states are "death with dignity" states. In such a state, suppose resident A wants to die earlier than allowed by that state law, and perhaps even before A becomes terminally ill.
...
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1
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Immunity as a limit on the 5th amendment
I was reading over this answer, and it occurred to me that, when offering immunity, the prosecutor does not have foreknowledge of what the defendant will ultimately reveal. (After all, if the ...
- 325
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vote
2
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567
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Public school liability for slip and fall injury? [closed]
If someone slips and falls on a patch of ice in a public school parking lot, and:
The victim is not a student
The victim was expected to be on the school grounds (i.e. not a "surprise visit" or a "...
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6
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1
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Can the US president be charged of crime such as murder while in office?
If the US president commits murder during his vacation as an unofficial action during his presidential term, can he be charged with a crime in court (i.e., in the judiciary branch) before he steps ...
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