Shillitani v. United States
United States Supreme Court
384 U.S. 364, 86 S. Ct. 1531, 16 L. Ed. 2d 622 (1966)
- Written by Tammy Boggs, JD
Facts
Salvatore Shillitani (defendant) was subpoenaed before a grand jury that was investigating possible violations of federal narcotics laws. On three occasions, Shillitani refused to testify by invoking his privilege against self-incrimination. Per the request of the government (plaintiff), the district court granted immunity to Shillitani from prosecution and ordered him to answer questions, but he refused. Without an indictment or a jury trial, the court found Shillitani guilty of criminal contempt and sentenced him to two years of imprisonment. The two-year sentence was subject to termination if Shillitani chose to answer the grand jury’s questions or if the grand jury was discharged before the end of two years. The court of appeal affirmed, rejecting Shillitani’s argument that he was entitled to an indictment or a jury trial. The United States Supreme Court accepted certiorari. Before the Supreme Court issued its decision, the grand jury’s term expired.
Rule of Law
Issue
Holding and Reasoning (Clark, J.)
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