A Kastigar Agreement is a legal document that is used in criminal cases as a means of getting testimony from a person who has claimed their Fifth Amendment right against self-incrimination. In simple terms, it is an agreement between the government and a witness that the information they provide will not be used against them in any criminal proceedings.
The Kastigar Agreement is named after the landmark Supreme Court case, Kastigar v. United States. This case set the precedent that the government cannot use immunized testimony as a direct or indirect way to gather evidence against a person. This protection is crucial because without it, people may refuse to testify for fear of prosecution.
The agreement is not only limited to the individual who has claimed their Fifth Amendment rights but also extends to any evidence or information that is obtained through the testimony. In other words, the government cannot use any information or evidence that it would not have obtained but for the testimony of the witness.
To obtain a Kastigar Agreement, the government needs to first grant immunity to the witness. There are two types of immunity: transactional immunity and use immunity. Transactional immunity is the broader form of immunity, which provides complete protection from prosecution for the witness. Use immunity, on the other hand, only protects the witness from having their direct or indirect testimony used against them.
Once immunity is granted, the witness must testify truthfully and fully. If they refuse to do so, they could face charges for contempt of court. The government may also revoke the immunity and ultimately use the witness`s testimony against them in any future criminal proceedings.
In conclusion, a Kastigar Agreement is a legal document that protects a witness who has claimed their Fifth Amendment right against self-incrimination. The government cannot use the testimony of the witness or any information obtained through the testimony against them in any criminal proceedings. It is a crucial tool to obtain information, especially in cases where people may refuse to testify out of fear of prosecution.