Yesterday I came across an interesting student note in the Texas Law Review entitled "Resolving the Circuit Split on Defense Witness Immunity: How the Prosecutorial Misconduct Test Has Failed Defendants and What the Supreme Court Should Do About It."
The author, Nathaniel Lipanovich, argues that the majority of circuits have adopted a standard for granting immunity to defense witnesses that fails to adequately protect the accused. The article offers the following data as evidence "that the 'prosecutorial misconduct' standard used in ten of the twelve circuits fails to provide adequate protection for the accused":
Comments