Case opinion for US Supreme Court KASTIGAR v. UNITED STATES. Read the Court’s full decision on FindLaw. Kastigar cited his Fifth Amendment protection against self-incrimination in refusing to testify before a grand jury, even though prosecutors had. United States: The Immunity Standard Redefined,” The Catholic Lawyer: Vol. No. 4, Article The case to be discussed in this comment, Kastigar v. United.

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This transactional immunity statute became the basic form for the numerous federal immunity statutes [ Footnote 35 ] untilwhen, after reexamining applicable constitutional principles and the adequacy of existing law, Congress enacted the statute here under consideration.

Kastigar v. United States :: U.S. () :: Justia US Supreme Court Center

That is indeed one of the chief procedural uunited in our accusatorial system. Rather, they seek a rational accommodation between unkted imperatives of the privilege and the legitimate demands of government to compel citizens to testify.

That power, however, is not absolute but is limited by the Fifth Amendment privilege against self-incrimination. The broad language in Counselman relied upon by petitioners.

Kastigar argued that the Fifth Amendment privilege against self-incrimination prohibits the compulsion of testimony under a grant of use immunity but instead requires transactional immunity at the very least. Transactional immunity would afford broader protection than the Fifth Amendment privilege, and kasigar not constitutionally required. Murphy involved state witnesses, granted transactional immunity under state law, who refused to testify for fear of subsequent federal prosecution.

Immunity statutes, which have historical roots deep in Anglo-American jurisprudence, [ Footnote 13 ] are not incompatible. Waterfront Comm’n, supra, at U.


Kastigar v. United States – Oxford Reference

As the Murphy Court noted, immunity from use and derivative use “leaves the witness and the Federal Government in substantially the same position. In my view, the Court turns reason on its head when it compares a statutory grant of immunity unired the “immunity” that is inadvertently stwtes by an unconstitutional interrogation. Concern over informal and undetected exchange of information is also correspondingly less when two different jurisdictions are involved.

Oral Argument – January 11, In any event, the Court in Ullmann v. In the course of its opinion, the Court made the following statement, on which petitioners heavily rely: Language similar to the Counselman dictum can be found in Brown v.

Kastigar v. United States

Therefore the prosecutor granted the two immunity and then ordered them to testify. It usually operates to allow a citizen to remain silent when asked a question requiring an incriminatory answer. Hansard, Parliamentary History of England In view of the constitutional provision, a statutory enactment, to be valid, must afford absolute immunity against future kastiggar for the offence to which the question relates.

When we allow the prosecution to offer only “use” immunity, we allow it to grant far less than it has taken away. Kasfigar when illegal police conduct has occurred, the exclusion of evidence does not purport to purge the conduct of its unconstitutional character.

The Fifth Amendment gives a witness an absolute right to resist interrogation, if the testimony sought would tend to incriminate him. The court found both in contempt, and committed them to the custody of the Attorney General until either they answered the grand jury’s questions or the kastigat of the grand jury expired.

Kastigar v. United States, 406 U.S. 441 (1972)

Justice Frankfurter observed, speaking for the Court in Ullmann v. Lord Chancellor Macclesfield’s Trial, 16 How. The Lord Chancellor was accused by the House of Commons of the sale of public offices and appointments. The only way to provide that guarantee is to give the witness immunity from prosecution for crimes to which his testimony relates.


The exclusionary rule of evidence that applies in that situation has nothing whatever to do with this case. One raising a claim under this statute need only show that he testified under a grant of immunity in order to shift to the government the heavy burden of proving that all of the evidence it proposes to use was derived from.

Show Summary Details Overview Kastigar v. An immunity statute operates in advance of the event, and it authorizes — even encourages — interrogation that would otherwise be prohibited by the Fifth Amendment.

Chief Justice Warren E.

Thus, the Albertson Court, which could have struck the statute by employing the test approved today, went well beyond, and measured the statute solely against the stayes restrictive standards of Counselman. Petitioners draw a distinction between statutes that provide transactional immunity and those that provide, as does the statute before us, immunity from use and derivative use.

The statute, a reenactment of the Immunity Act of[ Footnote 26 ] provided that no “evidence obtained from a party or witness by means of a judicial Page U. United States, U. See supra at U.