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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.)

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