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Kastigar v. United States, 406 U.S. 441 (1972)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kastigar v. United States, 406 U.S. 441 (1972)
Kastigar v. United States No. 70-117 Argued January 11, 1972 Decided May 22, 1972 406 U.S. 441
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
The United States can compel testimony from an unwilling witness who invokes the Fifth Amendment privilege against compulsory self-incrimination by conferring immunity, as provided by 18 U.S.C. § 6002, from use of the compelled testimony and evidence derived therefrom in subsequent criminal proceedings, as such immunity from use and derivative use is coextensive with the scope of the privilege and is sufficient to compel testimony over a claim of the privilege. Transactional immunity would afford broader protection than the Fifth Amendment privilege, and is not constitutionally required. In a subsequent criminal prosecution, the prosecution has the burden of proving affirmatively that evidence proposed to be used is derived from a legitimate source wholly independent of the compelled testimony. Pp. 443-462.
440 F.2d 954, affirmed.
POWELL, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, and BLACKMUN, JJ., joined. DOUGLAS, J., post, p. 462, and MARSHALL, J., post, p. 467, filed dissenting opinions. BRENNAN and REHNQUIST, JJ., took no part in the consideration or decision of the case.
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Chicago: U.S. Supreme Court, "Syllabus," Kastigar v. United States, 406 U.S. 441 (1972) in 406 U.S. 441 406 U.S. 442. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=5B5Y5DT9SFL821A.
MLA: U.S. Supreme Court. "Syllabus." Kastigar v. United States, 406 U.S. 441 (1972), in 406 U.S. 441, page 406 U.S. 442. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5B5Y5DT9SFL821A.
Harvard: U.S. Supreme Court, 'Syllabus' in Kastigar v. United States, 406 U.S. 441 (1972). cited in 1972, 406 U.S. 441, pp.406 U.S. 442. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=5B5Y5DT9SFL821A.
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