Re: Fifth Amendment Right and Immunity

1. When prosecution is impossible because of the running of a statute of limitations, for example, or when immunity from prosecution has been properly granted by a prosecutor and affirmed by the presiding judge.

2. With the proper grant of full immunity from prosecution, the only other protection the law provides is for trade secrets in a business setting, and those must be revealed to the judge.

3. That's it. No other immunities when full immunity from prosecution is properly granted.

4. "I decline to answer on the grounds that my answers may tend to incriminate me, and I invoke my privilege against self-incrimination provided by Amendment Fifth of the United States Constitution.

5. Have a trained court report record all proceedings.

Re: Fifth Amendment Right and Immunity

These are legal treatise questions, --not really appropriate for this site.

Re: Fifth Amendment Right and Immunity

I agree with Mr. Aspinwall's answer, though I would add that in some situations the witness can object on the ground that the questions would invade his personal privacy. If the intrusion is great and the relevance of the information to the case is minor, the court could side with the witness.

If you are the witness in this situation, you should get a lawyer immediately. The issues you must deal with here are complex and nuanced, and you need someone on your side who can understand the implications of each development in the case and guide you accordingly. If you genuinely risk criminal liability and can't afford a lawyer, you should be able to have one appointed by the court at no cost to you.