Can a criminal defendant compel the government to immunize a witness?
MultiRegion, United States of America
The following excerpt is from U.S. v. Condie, 974 F.2d 1343 (9th Cir. 1992):
A criminal defendant may compel the government to immunize a witness "where the fact-finding process is intentionally distorted by prosecutorial misconduct, and the defendant is thereby denied a fair trial." United States v. Westerdahl, 945 F.2d 1083, 1086 (9th Cir.1991). Such misconduct will only be found if "the evidence sought from the nonimmunized witness was relevant," and "the government distorted the judicial fact-finding process by denying immunity to the potential witness." Id.
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