Define: Pocket Immunity

Pocket Immunity
Pocket Immunity
Quick Summary of Pocket Immunity

Pocket immunity refers to a form of immunity that arises when a prosecutor chooses not to pursue charges, rather than through an official grant of immunity. Immunity entails being shielded from something, such as being safeguarded against illness through vaccination. In the context of pocket immunity, it signifies being shielded from prosecution due to the prosecutor’s decision not to proceed with charges. It can be likened to receiving a free pass because the prosecutor opted not to pursue legal action against you.

Full Definition Of Pocket Immunity

Pocket immunity refers to the protection from prosecution that occurs when a prosecutor chooses not to pursue charges, rather than through a formal grant of immunity. It is a form of immunity that shields an individual from being prosecuted for a crime, even if they are guilty. For instance, if a prosecutor decides not to press charges against someone for a crime they are suspected of, that person is granted pocket immunity. This type of immunity is not officially granted, but rather arises from the prosecutor’s decision not to proceed with the case. It is important to distinguish pocket immunity from formal immunity, which is granted by a court or legal authority. Pocket immunity is a more informal form of protection that can be given by a prosecutor’s choice not to pursue charges.

Pocket Immunity FAQ'S

Pocket Immunity is a legal doctrine that protects government officials from being sued for actions taken within the scope of their official duties.

Pocket Immunity covers government officials, including law enforcement officers, judges, and other public officials.

Pocket Immunity covers actions taken within the scope of an official’s duties, including decisions made in good faith and actions taken to enforce the law.

Yes, government officials can be held liable for actions taken outside the scope of their official duties.

Pocket Immunity can be waived in certain circumstances, such as if the official acted with malice or if the action was clearly unconstitutional.

Yes, a government official can be sued for violating someone’s civil rights, but they may be protected by Pocket Immunity if the action was taken within the scope of their official duties.

Yes, a government official can be sued for negligence, but they may be protected by Pocket Immunity if the action was taken within the scope of their official duties.

Yes, a government official can be sued for intentional torts, but they may be protected by Pocket Immunity if the action was taken within the scope of their official duties.

Yes, a government official can be sued for violating a person’s constitutional rights, but they may be protected by Pocket Immunity if the action was taken within the scope of their official duties.

Yes, a government official can be sued for violating a person’s civil liberties, but they may be protected by Pocket Immunity if the action was taken within the scope of their official duties.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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