Supreme Court of the United States

Zicarelli v. New Jersey State Commission of Investigation

May 22, 1972406 U.S. 472

Summary

Justice Powell delivered the opinion of the Court, holding that New Jersey's grant of use and derivative use immunity is coextensive with the Fifth Amendment privilege and therefore sufficient to compel testimony, that the statute's "responsive" limitation is not unconstitutionally vague, and that a speculative fear of foreign prosecution does not bar compelled testimony. Justices Douglas and Marshall each filed dissenting opinions, arguing that only full transactional immunity satisfies the privilege and that the statute should be read more narrowly. No concurring opinions were filed.

Holding

  • Whether a state grant of use and derivative use immunity satisfies the Fifth Amendment privilege against self‑incrimination. The Court held that the New Jersey statute’s use‑and‑derivative‑use immunity is coextensive with the privilege and therefore sufficient to compel testimony.
  • Whether the statute’s "responsive" limitation is unconstitutionally vague under the Due Process Clause. The Court held that the limitation is not vague and does not violate due process.
  • Whether a real and substantial fear of foreign prosecution bars compelled testimony. The Court held that speculative foreign prosecution fears do not bar compelled testimony and declined to reach the constitutional question.

Docket 69-4

Cited authorities

  • N.J. Rev. Stat. § 52
  • N.J. Rev. Stat. § 52
  • N.J. Rev. Stat. §§ 52
  • N.J. Rev. Stat. §52
  • N.J. Rev. Stat. §52
  • N.J. Rev. Stat. §52
  • N.J. Rev. Stat. §52
  • 72 Yale L.J. 1568

Cited by

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