In situations in which a public employer compels a public employee to answer questions that might tend to incriminate them, the concept of transactional immunity requires that any answers obtained in the coercive setting may not be used against the public employee in a later criminal proceeding, according to Judge Wrenn's decision.
Judge Wrenn found that the concept of transactional immunity did not apply in the case before the court.
24) When lower-level commanders or staff officers make unauthorized promises of immunity, the courts may provide the accused de facto transactional immunity
, barring the Government from future prosecution.
Needless to say, witnesses prefer use to transactional immunity
whenever testifying before the grand jury.
After Batt invoked her Fifth Amendment privilege at trial, the prosecution requested that the court grant her transactional immunity pursuant to the Ohio Revised Code 2945.
162) The respondent cross-appealed to, among other things, challenge the validity of the transactional immunity granted to Batt.
The Supreme Court of Ohio reversed the appellate court decision to grant Batt transactional immunity.
An agreement to grant transactional immunity
to Lewinsky's mother was negotiated by her attorney, Billy Martin, with Starr.
Neither use nor transactional immunity makes interviews any less compelled or employees' statements any more voluntary, but immunity does assure employees that their statements cannot be used to convict them.
In most jurisdictions,(12) transactional immunity is not required, and employees can still be prosecuted for criminal conduct discussed during compelled interviews, as long as neither the employees' compelled statements nor any derivative evidence is part of the government's case.
A grant of transactional immunity by the government in exchange for a witness's testimony makes it impossible for the government to prosecute the defendant for any transaction, matter, or thing relating to his testimony.
The Court eventually retreated from the strong claim that only full transactional immunity could replace the Fifth Amendment protection.