| Immunity (legal) |
Article Index for Immunity |
Information AboutImmunity (legal) |
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Immunity, also known as ''transactional immunity'', confers a status on a person or body that places him/her/it above the law and makes that person or body free from otherwise Legal obligations such as, for example, Liability for Tort s or damages or Prosecution under Criminal Law for Criminal Acts . There are various types of immunity, such as Judicial Immunity , Prosecutorial Immunity , Parliamentary Immunity , Diplomatic Immunity and Sovereign Immunity . Judicial Immunity , which finds its origin in sovereign immunity, is the absolute immunity of a Judge or Magistrate from any kind of civil liability for an act performed in the judge's official capacity. Hence, while sitting on the bench the judge cannot be sued for Defamation if he or she makes a statement about one of the parties before the court that might otherwise be considered slander. Prosecutorial Immunity occurs when a prosecutor grants immunity to a witness in exchange for testimony. It is immunity because the prosecutor essentially agrees to never prosecute the crime that the witness might have committed in exchange for that testimony. Parliamentary Immunity is granted to elected government officials during their official acts in parliament, congress or other public deliberative organ of government. Such immunity is seen to be a means to the free discussion of ideas, although when it is abused there may be ways to surmount such immunity; this was invoked in the case of Jürgen Möllemann . Diplomatic Immunity , a policy held between governments, ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws (although they can be expelled). Sovereign Immunity is based on the idea that a sovereign is superior to all in authority and power. It prevents, in advance, a suit or prosecution against a sovereign, being a monarch, ruler, or government, without the sovereign's consent. Qualified Immunity is a term in the United States granting immunity to individuals performing tasks as part of the government. Certain individuals are immune from lawsuits when "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800 (1982) . Certain individuals who are not government employees may have qualified immunity if they are considered a "state actor". Like judicial immunity, the prosecutor, who is acting under the direction of the sovereign or crown to prosecute cannot be held liable for acts done as an agent of the sovereign. This is distinguished from False Arrest . In . SEE ALSO
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