Legal immunity, or
immunity from prosecution, is a
legal status wherein an individual or entity can not be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from
criminal prosecution or from
civil liability (being subject of
lawsuit) or both. The most notable forms of legal immunity are
diplomatic immunity,
judicial immunity, and
witness immunity. One author has described legal immunity as "the obverse of a legal power", explaining:
Criticism
Legal immunities may be subject to criticism because they institute a separate standard of conduct for those who receive them. For example, as one author notes:
Types of legal immunity
Immunity of government officials
Many forms of immunity are granted to government officials in order to enable them to carry out their functions without fear of being sued or charged with a crime for so doing:
- Absolute immunity, a type of immunity for government officials that confers total immunity when acting in the course of their duties
- Qualified immunity, in the United States, immunity of individuals performing tasks as part of the government's actions
- Judicial immunity, immunity of a judge or magistrate in the course of their official duties
- Parliamentary immunity, immunity granted to elected officials during their tenure and in the course of their duties
- Speech and Debate Clause, a provision in the United States Constitution that provides immunity to members of Congress for statements made
- Sovereign immunity, the prevention of lawsuits or prosecution against rulers or governments without their given consent