Supreme Court of the United States
Kastigar et al. v. United States
Certiorari to the United States Court of Appeals for the Ninth Circuit
No. 70-117. Argued: January 11, 1972. --- Decided: May 22, 1972.
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 course wholly independent of the compelled testimony. Pp. 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. 462, and MARSHALL, J., post, p. 467, filed dissenting
opinions. BRENNAN and REHNQUIST, JJ., took no part in the consideration or decision of the case.
Hugh R. Manes argued the cause and filed briefs for petitioners.
Solicitor General Griswold argued the cause for the United States. With him on the brief were Assistant Attorney General Wilson, Assistant Attorney General Rehnquist, Jerome M. Feit, and Sidney M. Glazer.
Briefs of amici curiae urging reversal were filed by Melvin L. Wulf, Fred Okrand, A. L. Wirin, and Laurence R. Sperber for the American Civil Liberties Union et al.; by Benjamin Dreyfus for the National Lawyers Guild; and by Morton Stavis and Arthur Kinoy for the Center for Constitutional Rights.