07/04/2024
Georgia law says: "No party or witness shall be required to testify as to any matter which may incriminate or tend to incriminate such party or witness, or which shall tend to bring infamy, disgrace, or public contempt upon such party or witness or any member of such party or witness’s family." O.C.G.A. 24-5-505. Another Georgia statute says we have a right not to testify if we are charged with a crime. O.C.G.A. 24-5-506. We also have a separate right under the Georgia and United States Constitutions not to testify it would tend to incriminate us. I don't think the prosecutor can grant a Georgia criminal defendant immunity and force witness testimony when the witness claims privilege under O.C.G.A. 24-5-505 due to it bringing infamy, disgrace, or public contempt upon the witness or his family since immunity doesn't cure the disgrace, etc. Of course, the witness (and his lawyer) would have to show the Court a good faith basis for his claim. And, they would probably be entitled a proper ex parte examination in chambers without the prosecutor present to make their showing. This would be to protect the reasons why it might bring infamy, disgrace, etc., in the first place. I don't think 24-5-507 can compel testimony since it only cures the incrimination portion.
