United States Supreme Court
142 U.S. 547 (1892)
The United States District Court for the Northern District of Illinois convened a grand jury to investigate a criminal violation of the Interstate Commerce Act. The grand jury called Charles Counselman (plaintiff) as a witness. Counselman refused to answer the grand jury’s questions, stating that he was invoking his right against self-incrimination under the Fifth Amendment. The marshal, Frank Hitchcock (defendant), jailed Counselman for his refusal to answer the questions. Counselman filed a petition for a writ of habeas corpus. The government argued that the grand jury proceeding was not a criminal case and the right against self-incrimination thus did not apply. The court of appeals denied Counselman’s petition. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Blatchford, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.