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KASTIGAR v. UNITED STATES

No. 70-117.

406 U.S. 441 (1972)

92 S.Ct. 1653

32 L.Ed.2d 212

KASTIGAR ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided May 22, 1972.

Attorney(s) appearing for 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.

MR. JUSTICE POWELL delivered the opinion of the Court.

This case presents the question whether the United States Government may compel testimony from an unwilling witness, who invokes the Fifth Amendment privilege against compulsory self-incrimination, by conferring on the witness immunity from use of the compelled testimony in subsequent criminal proceedings, as well as immunity from use of evidence derived from the testimony...

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