The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, January 11, 1972
Decision: Monday, May 22, 1972
Issues: Criminal Procedure, Self-Incrimination, Immunity from Prosecution

Advocates

Erwin N. Griswold (Argued the cause for the United States)
Hugh R. Manes (Argued the cause for the petitioners)

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

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."

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 5 votes for United States, 2 vote(s) against
Legal Provision: Self-Incrimination
Did not participate
Rehnquist
Did not participate
Brennan
Voted with the majority
Burger
Wrote a dissent
Douglas
Voted with the majority
Stewart
Voted with the majority
White
Wrote a dissent
Marshall
Voted with the majority
Blackmun
Wrote the majority opinion
Powell
Full Opinion by Justice Lewis F. Powell, Jr.

Cite this page

The Oyez Project, Kastigar v. United States, 406 U.S. 441 (1972),
available at: <http://www.oyez.org/cases/1970-1979/1971/1971_70_117/>
(last visited ).