Kastigar v. United States
Kastigar v. United States is a significant Supreme Court case that addressed the balance between self-incrimination rights and the government's ability to compel testimony in grand jury proceedings. Decided by a 5-2 majority, the Court upheld a 1970 law that allowed for the granting of use immunity to witnesses. Under use immunity, individuals can be compelled to testify without the government being able to use that testimony against them in future prosecutions. This decision was rooted in the Court's interpretation of the Fifth Amendment, which protects against self-incrimination, determining that use immunity sufficed, contrary to claims that transactional immunity—covering all offenses related to the testimony—was necessary for adequate protection. The ruling had a profound impact on prosecutorial practices, leading to a notable increase in the use of grants of use immunity during grand jury investigations. Kastigar v. United States thus serves as a focal point in discussions about legal protections for witnesses and the powers of the state in gathering evidence.
Kastigar v. United States
Date: May 22, 1972
Citation: 406 U.S. 441
Issue: Immunity against self-incrimination
Significance: The Supreme Court upheld grants of use immunity as well as of transactional immunity as falling within the Fifth Amendment protection against self-incrimination.
By a 5-2 vote, the Supreme Court upheld a 1970 congressional enactment requiring witnesses to testify before grand juries under use immunity grants. Use immunity means the government cannot use any testimony or information obtained from testimony against the person granted immunity in any subsequent prosecution. Transactional immunity offers more protection because it covers any offenses related to testimony. Kastigar based his challenge on the idea that the protection against self-incrimination in the Fifth Amendment required at minimum transactional immunity, but the Court held that use immunity was sufficient. By upholding use immunity, the Court strengthened the hand of prosecutors. Subsequently, grants of use immunity for grand jury testimony increased dramatically.