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 Delaware, as in other states, legal immunity protects certain individuals or entities from civil liability or criminal prosecution under specific circumstances, often to serve a broader policy goal. Judicial immunity in Delaware 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 that testimony. Diplomatic immunity is governed by federal law and international treaties, and it exempts foreign diplomats from certain laws and taxes in the U.S. Governmental or sovereign immunity in Delaware generally protects state government and its departments from being sued unless they have consented to the suit, typically through legislation waiving immunity for specific instances. It's important to note that the scope and application of these immunities can be complex and may be subject to exceptions and specific legal interpretations.