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Questions tagged [immunity]

For questions about immunity from civil or criminal liability conferred on a natural or legal person. When asking, please use tags for specific types of immunity where possible e.g.: official-, diplomatic-, parliamentary-, sovereign-.

8 votes
1 answer
2k views

Has the Supreme Court given any examples where presumptive immunity would be overcome?

In the recent US Supreme Court ruling on presidential immunity, Trump v. United States, the Court found that there is absolute immunity for actions within the president's "exclusive sphere", ...
kaya3's user avatar
  • 1,010
12 votes
2 answers
930 views

Did the SCOTUS immunity decision grant immunity for using the military to assassinate a political opponent?

In her dissent in Trump v. United States, 603 U.S. ___ (2024), Justice Sonia Sotomayor wrote When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from ...
Barmar's user avatar
  • 3,931
15 votes
2 answers
4k views

Why does the Trump immunity decision further delay the trial?

Why is Trump heralding this as a victory, and why are Democrats and the liberal justices saying this puts the president above the law? There’s another excellent question on the Trump immunity decision ...
Michael Atkins-Prescott's user avatar
34 votes
1 answer
6k views

Can someone explain the Trump immunity ruling?

The US Supreme Court handed down their ruling in the presidential immunity case regarding Donald Trump and the January 6 insurrection. From what I've been able to tell from news reports, they said ...
Barmar's user avatar
  • 3,931
1 vote
1 answer
79 views

Details of David Pecker's immunity contract

Is the contract granting David Pecker's immunity in the current criminal trial of Donald Trump public? After being subpoenaed, I assume Pecker felt that the same evidence would come out whether he ...
bobuhito's user avatar
  • 1,001
5 votes
1 answer
206 views

Would Trump's lawsuit against Judge Juan Merchan be barred by Spark v. Stumpman?

Donald Trump filed a lawsuit against Judge Juan Merchan today after he issued a limited gag order earlier to prevent damaging judicial administration via witness and jury intimidation. The Supreme ...
Anthony's user avatar
  • 425
3 votes
1 answer
272 views

Based on what legal basis is former AG Edwin Meese arguing that appointment of Jack Smith was improper?

Former attorney general Edwin Meese wrote an Amici Curiae paper to the federal DC Circuit Court of Appeals that Jack Smith's appointment as special prosecutor and counsel in the prosecution of Trump ...
Anthony's user avatar
  • 425
4 votes
1 answer
2k views

Why did Jack Smith concede federal DC circuit appeals court has jurisdiction over Trump immunity claims when he could've relied on SCOTUS precedent?

Special prosecutor Jack Smith conceded that the DC circuit has appellate jurisdiction to hear Trump's interlocutory (interim) appeal over denial of criminal immunity for his actions on 1/6/2021 under ...
Anthony's user avatar
  • 425
2 votes
2 answers
190 views

If the reigning monarch in a constitutional monarchy commits serious offences like terrorism or mass murder, are they really immune from punishments?

Answers for the UK especially welcome but any modern monarchy likewise. What would - or could- happen to King Charles if he went on a rampage and shot up a school and then went and planted/detonated a ...
TylerDurden's user avatar
1 vote
0 answers
127 views

If a monarch does something illegal to take the throne, what would be the legal implications of prosecuting them for it?

Assume that, in a modern kingdom, the Crown Prince murders the king. He technically becomes king, as he's the legal heir of the throne. Could the prince be prosecuted for that and denied the throne? ...
R-Obsessive's user avatar
  • 1,195
-4 votes
2 answers
268 views

Prosecution of politicians who violate the constitution

When a politician violates the constitution, why aren't they criminally prosecuted? There are plenty of examples out there where a politician passes a law that they most likely know wont stand up in ...
mikem's user avatar
  • 308
19 votes
4 answers
9k views

Why does Double Jeopardy apply if you confess?

If you were tried for murder and acquitted - then you go out and publicly admit that they were wrong, you did actually murder that person. Where is the justice in not being able to be tried again in ...
Jon's user avatar
  • 460
9 votes
1 answer
3k views

Hypothetical POTUS divorce

If the spouse of the President of the United States filed for divorce, would the President have any claim of immunity from any litigation that followed (e.g. the division of assets in the matrimonial ...
BakedAlaska624's user avatar
2 votes
1 answer
349 views

Why does U.S. government have civil liability for the Parkland shooting?

The U.S. federal government has apparently entered a 9-figure financial settlement of civil claims by victims of the 2018 shooting in Parkland, Florida. (The civil lawsuit alleged government ...
feetwet's user avatar
  • 21.9k
2 votes
1 answer
186 views

What makes transactional immunity irrevocable?

Immunity given to witnesses in exchange for a testimony against their accomplices is widely known to be a tool used by prosecutors to compel a testimony. The common understanding is that by being ...
grovkin's user avatar
  • 2,598

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