What is the test for granting statutory immunity to a defense witness?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ferguson, 653 F.3d 61 (2nd Cir. 2011):
[32][33] The situations in which the United States is required to grant statutory immunity to a defense witness are few and exceptional. United States v. Praetorius, 622 F.2d 1054, 1064 (2d Cir.1979). So few and exceptional are they that, in the nearly thirty years since establishing a test for when immunity must be granted, we have yet to reverse a failure to immunize. The test requires three findings:
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