Is a grant of use immunity sufficient to overcome the Fifth Amendment privilege against self-incrimination?

MultiRegion, United States of America

The following excerpt is from Grand Jury Proceedings, In re, 893 F.2d 1338 (9th Cir. 1989):

A grant of use immunity pursuant to 18 U.S.C. Sec. 6003 clearly prohibits the use of compelled testimony in state courts. See In re Grand Jury Proceedings (United States v. Mena), 662 F.2d 532, 533-34 (9th Cir.1981) (per curiam). "The federal grant of use immunity is sufficient to overcome the Fifth Amendment privilege against self-incrimination." See United States v. Rose, 806 F.2d 931, 932 (9th Cir.1986). The fact that a state sees fit to provide broader transactional immunity is irrelevant where the question arises in federal court in response to federal charges. See id. 2

Other Questions


What is the government's argument that there is a Fifth Amendment privilege against self-incrimination under the Fifth Amendment? (MultiRegion, United States of America)
When a witness is granted use immunity, can he refuse to testify on the grounds of his Fifth Amendment privilege against self-incrimination? (MultiRegion, United States of America)
How does the Fifth Amendment protect a defendant's Fifth Amendment right to remain silent? (MultiRegion, United States of America)
Can a defendant who has been charged with a capital crime under the Fifth Amendment be held to answer for his Fifth Amendment? (MultiRegion, United States of America)
When a witness asserts her Fifth Amendment privilege, what is the test for the privilege? (MultiRegion, United States of America)
Can a plaintiff amend to add Fifth Amendment due process claims to add to the Fourteenth Amendment? (MultiRegion, United States of America)
Is there a Fifth Amendment privilege or attorney-client privilege? (MultiRegion, United States of America)
Does a federal court have to grant use immunity to an unindicted co-conspirator to plead the Fifth Amendment at trial? (MultiRegion, United States of America)
Does the requirement of production of books and papers constitute the Fifth Amendment privilege? (MultiRegion, United States of America)
Is the Fifth Amendment against double jeopardy absorbed into the Fourteenth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.