Kastigar v. United States
United States Supreme Court
406 U.S. 441 (1972)
The Central District of California subpoenaed Kastigar and another (defendants) for a grand jury hearing. The district court granted the defendants immunity under 18 U.S.C. § 6002, 6003 and ordered the defendants to testify. The defendants argued that the immunity granted was not as broad as the privilege against self-incrimination and could not justify compulsion. The district court ordered the defendants to testify. When the defendants refused, the district court found them in contempt and ordered them to remain in the Attorney General’s custody until they testified or the grand jury expired. The United States Supreme Court granted certiorari to address whether use and derivative use immunity or transactional immunity is required to compel testimony normally protected by the Fifth Amendment privilege against self-incrimination.
Rule of Law
Holding and Reasoning (Powell, J.)
Dissent (Marshall, J.)
Dissent (Douglas, 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 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.