KASTIGAR V. UNITED STATES, 406 U. S. 441 (1972)

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U.S. Supreme Court

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


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. 406 U. S. 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. 406 U. S. 462, and MARSHALL, J., post, p. 406 U. S. 467, filed dissenting opinions. BRENNAN and REHNQUIST, JJ., took no part in the consideration or decision of the case.

Page 406 U. S. 442

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