The United States Constitution guarantees every person the privilege of refusing to divulge self-incriminating testimony. When the acquisition of such testimony has been deemed necessary by the government, the United States Supreme Court has upheld statutes which require the witness to divulge the testimony, but only when such statutes have granted the witness an immunity which is coextensive with his fifth amendment privilege. There are two concepts as to the adequacy of an immunity which attempts to preserve the constitutional privilege of the witness: 1) a "transactional" immunity which renders the witness free from prosecution in a subsequent criminal proceeding for any crime to which his testimony relates, and 2) a "use" immunity which merely guarantees that the testimony of the witness and the fruits thereof will not be used against him in a subsequent criminal proceeding
Privilege Against Self-Incrimination- Does a "Use" Immunity Preserve the Rights of the Witness?,
U. Rich. L. Rev.
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