Kastigar v. United States
| Kastigar v. United States | |
|---|---|
| Argued January 11, 1972 Decided May 22, 1972 | |
| Full case name | Charles Joseph Kastigar and Michael Gorean Stewart v. United States |
| Citations | 406 U.S. 441 (more) 92 S. Ct. 1653; 32 L. Ed. 2d 212; 1972 U.S. LEXIS 57 |
| Holding | |
| The government may compel testimony from an unwilling witness who invokes the Fifth Amendment privilege against compulsory self-incrimination by conferring immunity from use of the compelled testimony and evidence derived therefrom in subsequent criminal proceedings. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Burger, Stewart, White, Blackmun |
| Dissent | Douglas |
| Dissent | Marshall |
| Rehnquist, Brennan took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. V | |
Kastigar v. United States, 406 U.S. 441 (1972), was a United States Supreme Court decision that ruled on the issue of whether the government's grant of immunity from prosecution can compel a witness to testify over an assertion of the Fifth Amendment privilege against self-incrimination. In a 5-2 decision (Justices Brennan and Rehnquist took no part in the consideration of the case), the Court held that the government can overcome a claim of Fifth Amendment privilege by granting a witness "use and derivative use" immunity in exchange for his testimony.