STANDARDS FOR EXCLUSION IN IMMUNITY CASES AFTER KASTIGAR AND ZICARELLI

• NCJ Number: 7441
• Journal: Yale Law Journal Volume: 82 Issue: 1 Dated: (NOVEMBER 1972) Pages: 171-188
• Author(s): ANON
• Date Published: 1972
• Length: 19 pages
• Corporate Author: Yale University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

GUIDELINES FOR A NEW EXCLUSIONARY RULE ON THE PROSECUTORY USE OF EVIDENCE WHICH IS PRODUCED BY COMPELLING WITNESSES TO TESTIFY THROUGH GRANTS OF IMMUNITY.

Abstract

THE SUPREME COURT, IN THE KASTIGAR AND ZICARELLI CASES, REMOVED THE BAR AGAINST GOVERNMENTAL PROSECUTIONS OF INDIVIDUALS FOR TRANSACTIONS ABOUT WHICH THEY WERE COMPELLED TO TESTIFY. THE NEW STANDARD PERMITS THE GOVERNMENT TO PROSECUTE A WITNESS, BUT PRECLUDES THE USE OF ANY INFORMATION DERIVED THE REFORM AGAINST HIM AT TRIAL. THE AUTHOR OUTLINES EXISTING EXCLUSIONARY RULES, INCLUDING THOSE APPLICABLE TO COERCED CONFESSIONS, AND PROPOSES NEW SAFEGUARDS TO PROTECT FULLY THE PRIVILEGE AGAINST SELF- INCRIMINATION.