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 New Jersey, legal immunity from suit or liability in civil litigation and from prosecution in criminal cases is recognized in various forms. Judicial immunity provides judges and other court officials with protection from liability for acts performed in the exercise of their judicial functions. Witness immunity may be granted to witnesses to encourage them to testify without fear of subsequent civil or criminal liability, often in exchange for their cooperation in a trial or investigation. Diplomatic immunity is governed by federal law and international treaties, shielding foreign diplomats from legal action in the U.S. Lastly, governmental or sovereign immunity generally protects the state and its subdivisions, including New Jersey, from being sued without their consent, although this immunity can be waived in certain circumstances as prescribed by state law. Each type of immunity serves to promote the public interest by ensuring the proper functioning of the legal system, international relations, or government operations.