Legal immunity from suit or liability (in civil litigation) or immunity from prosecution (in criminal prosecutions) is a legal status that protects an individual or entity from liability or criminal prosecution. Immunity may be given to the person or entity by law (usually a state or federal statute) or by the agreement of a party to the litigation (usually in the context of a criminal prosecution)—generally for some greater policy goal. Some common types of immunity include (1) judicial immunity; (2) witness immunity; (3) diplomatic immunity; and (4) governmental or sovereign immunity.
In Arkansas, as in other states, various forms of legal immunity protect certain individuals and entities from civil liability and criminal prosecution. Judicial immunity in Arkansas shields judges from liability for acts performed in their judicial capacity, unless they acted in the clear absence of all jurisdiction. Witness immunity is provided to witnesses for testimony given in court, protecting them from being sued for defamation based on their testimony. Diplomatic immunity, governed by federal law and international treaties, exempts foreign diplomats from certain laws and jurisdiction of U.S. courts. Governmental or sovereign immunity in Arkansas generally protects state government and its agencies from being sued without its consent, although the Arkansas State Claims Commission provides a mechanism for certain claims to be heard. Additionally, the Arkansas Tort Claims Act allows for limited waivers of immunity in specific circumstances. It's important to note that these immunities are subject to specific conditions and exceptions, and the application of immunity can vary depending on the context and the nature of the actions in question.