Kastigar v. United States - Case Background

The case of Kastigar v. United States arose from a situation in a California district court in 1971 where the petitioners were to appear before a grand jury. Believing that the petitioners would plead the Fifth Amendment, the district court issued an order to give them a grant of immunity that directed them to answer questions and turn over any evidence to the grand jury. Even though they were granted immunity, the petitioners appeared in court but refused to answer questions, "asserting their privilege against compulsory self-incrimination." Both Kastigar and Stewart were found in contempt. The court of appeals affirmed, "rejecting the petitioners' contention that it violated their constitutional privilege against self-incrimination to compel them to testify without granting them transactional immunity from prosecution for any offense to which the compelled testimony might relate." Because of the important question as to what level of testimony was necessary to compel testimony, the U.S. Supreme Court granted certiorari, and the case of Kastigar v. United States was argued on 11 January 1972.