NCJ Number
7443
Journal
Vanderbilt Law Review Volume: 25 Issue: 6 Dated: (NOVEMBER 1972) Pages: 1207-1235
Date Published
1972
Length
29 pages
Annotation
ANALYSIS OF THE CONFLICTING SUPREME COURT CASES ON THE BREADTH OF IMMUNITY SUFFICIENT TO SATISFY THE FIFTH AMMENDMENT, AND A RECENT CASE DECIDING THE ISSUE.
Abstract
THE 1972 SUPREME COURT DECISION IN UNITED STATES V. KASTIGAR APPARENTLY SETTLED A LONG STANDING CONTROVERSY CONCERNING GRANTS OF IMMUNITY TO WITNESSES BY ONE JURISDICTION THAT DO NOT PREVENT ANOTHER JURISDICTION'S PROSECUTION OF THE WITNESS. IF A WITNESS IS GRANTED TRANSACTIONAL IMMUNITY, HE CAN NOT BE PROSECUTED FOR ANY EVENT ABOUT WHICH HE TESTIFIES. TESTIMONIAL IMMUNITY, HOWEVER, MERELY PREVENTS THE TESTIMONY AND ITS DERIVATIVES FROM BEING USED IN A SUBSEQUENT PROSECUTION. IT DOES NOT PRECLUDE A PROSECUTION BASED ON INDEPENDENT MATERIAL IF BROUGHT BY ANOTHER JURISDICTION. UNTIL KASTIGAR, DIFFERENT STANDARDS APPLIED TO FEDERAL AND STATE COURTS. KASTIGAR HELD THAT TESTIMONIAL IMMUNITY SATISFIES THE PRIVLEGE AGAINST SELF INCRIMINATION AND THUS DOES NOT PRECLUDE A SUBSEQUENT PROSECUTION WHERE THE GOVERNMENT ESTABLISHES SOURCES OF INFORMATION AND EVIDENCE INDEPENDENT OF TESTIMONY COMPELLED BY GRANTS OF IMMUNITY.