Reverse Immunity: Rebalancing the Scales of Justice or Defense Attorney Pipe Dream?

New York Law Journal | January.13.2020

Orrick's Greg Morvillo and Tiffany Rowe co-authored an article for New York Law Journal that explores the concept of reverse immunity. One of the most powerful weapons in a prosecutor's arsenal is their ability to grant a witness immunity – something defense lawyers cannot do. However, reverse immunity, when granted, protects a witness who can provide exculpatory evidence for the defense from potential criminal charges. In their article, Greg and Tiffany propose that defense counsel seek reverse immunity more frequently with an eye to influencing the judiciary to level the balance of power between the defense and the prosecution.