The Supreme Court upheld grants of use immunity as well as of transactional immunity as falling within the Fifth Amendment protection against self-incrimination.
By a 5-2 vote, the Supreme Court upheld a 1970 congressional enactment requiring witnesses to testify before grand juries under use immunity grants. Use immunity means the government cannot use any testimony or information obtained from testimony against the person granted immunity in any subsequent prosecution. Transactional immunity offers more protection because it covers any offenses related to testimony. Kastigar based his challenge on the idea that the protection against self-incrimination in the Fifth Amendment required at minimum transactional immunity, but the Court held that use immunity was sufficient. By upholding use immunity, the Court strengthened the hand of prosecutors. Subsequently, grants of use immunity for grand jury testimony increased dramatically.
Counselman v. Hitchcock
Due process, procedural
Fifth Amendment
Grand jury
Self-incrimination, immunity against