KASTIGAR v. UNITED STATES

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Case Basics
Docket No. 
70-117
Petitioner 
Kastigar
Respondent 
United States
Advocates
(Argued the cause for the petitioners)
(Argued the cause for the United States)
Tags
Term:
Facts of the Case 

Kastigar cited his Fifth Amendment protection against self-incrimination in refusing to testify before a grand jury, even though prosecutors had granted him immunity from the use of his testimony in subsequent criminal proceedings. He was found in contempt of court for failing to testify.

Question 

Can the government, by granting immunity from the use of compelled testimony in future prosecutions, force a witness who invokes the Fifth Amendment to testify?

Conclusion 
Decision: 5 votes for United States, 2 vote(s) against
Legal provision: Self-Incrimination

The Court found that compelled testimony is legitimate given the grant of immunity. Justice Powell found that the protections of immunity that a congressional statute provided were "coextensive with the scope of the privilege against self-incrimination" and "sufficient to compel testimony over a claim of the privilege."

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KASTIGAR v. UNITED STATES. The Oyez Project at IIT Chicago-Kent College of Law. 04 April 2014. <http://www.oyez.org/cases/1970-1979/1971/1971_70_117>.
KASTIGAR v. UNITED STATES, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1970-1979/1971/1971_70_117 (last visited April 4, 2014).
"KASTIGAR v. UNITED STATES," The Oyez Project at IIT Chicago-Kent College of Law, accessed April 4, 2014, http://www.oyez.org/cases/1970-1979/1971/1971_70_117.