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Article Title

Reciprocal Immunity

Document Type

Article

Publication Date

2018

Publication Citation

93 Indiana Law Journal Supplement 1 (2018)

Abstract

This essay advances a reciprocal rights theory. It argues that the Constitution precludes statutes and rules from providing nonreciprocal benefits to the State when the lack of reciprocity interferes with the defendant’s ability to secure a fair trial, unless reciprocity would implicate a significant state interest. Therefore, unless a significant State interest is involved, a grant of immunity to a prosecution witness should trigger reciprocal immunity to a directly contradictory defense witness.

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