Counselman v. Hitchcock
Supreme Court of the United States
Argued December 9–10, 1891
Decided January 11, 1892
Full case nameCounselman v. Hitchcock
Citations142 U.S. 547 (more)
12 S. Ct. 195; 35 L. Ed. 1110; 1892 U.S. LEXIS 1990; 3 A.F.T.R. (P-H) 2529
Case history
PriorAppeal from the Circuit Court of the United States for the Northern District of Illinois
Court membership
Chief Justice
Melville Fuller
Associate Justices
Stephen J. Field · Joseph P. Bradley
John M. Harlan · Horace Gray
Samuel Blatchford · Lucius Q. C. Lamar II
David J. Brewer · Henry B. Brown
Case opinion
MajorityBlatchford, joined by unanimous

Counselman v. Hitchcock, 142 U.S. 547 (1892), is a United States Supreme Court case in which the Court ruled that not incriminating an individual for testimony was not the same as not requiring them to testify at all. The court reasoned that as long as evidence arising from the compelled testimony could incriminate the individual in any way, the Fifth Amendment guarantee against self-incrimination was not satisfied. The court then adopted the broader "transactional immunity" rule.[1][2]

References

  1. ↑ William Cohen; John Kaplan (1981). Constitutional law: civil liberty and individual rights. Foundation Press. ISBN 9780882770628.
  2. ↑ Counselman v. Hitchcock, 142 U.S. 547 (1892).


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