Use immunity is the baseline protection under the 5th Amendment.

Use immunity is the baseline protection under the 5th Amendment.

• A. True
• B. False
• C. It depends
• D. Not specified

Answer: (A)

The key idea is that protection against self-incrimination is the starting point, and the way to legally compel someone to testify is by offering immunity that blocks use of that testimony against them. Use immunity means the government cannot use the witness’s own testimony, or any evidence derived from it, to prosecute the witness. That safeguard is the minimum requirement for compelling testimony under the Fifth Amendment, with the derivative-use aspect addressed by Kastigar to prevent any indirect use as well. So, yes—the baseline protection to compel testimony is use immunity (often with derivative-use immunity), making the statement true.

The key idea is that protection against self-incrimination is the starting point, and the way to legally compel someone to testify is by offering immunity that blocks use of that testimony against them. Use immunity means the government cannot use the witness’s own testimony, or any evidence derived from it, to prosecute the witness. That safeguard is the minimum requirement for compelling testimony under the Fifth Amendment, with the derivative-use aspect addressed by Kastigar to prevent any indirect use as well. So, yes—the baseline protection to compel testimony is use immunity (often with derivative-use immunity), making the statement true.