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Compelling Testimony In Alaska: The Coming Rejection Of Use And Derivative Use Immunity, Jeff M. Feldman
Compelling Testimony In Alaska: The Coming Rejection Of Use And Derivative Use Immunity, Jeff M. Feldman
Articles
Until 1972, when the Supreme Court upheld a federal use andderivative use immunity statute in Kastigar v. United States, virtually every court that considered the issue of the compulsion of testimony favored transactional immunity. It appears that most courts interpreted the Supreme Court's 1892 decision in Counselman v. Hitchcock as finding only transactional immunity constitutional. Since Kastigar, the Alaska Supreme Court has had several opportunities totake sides in the debate over the grant of immunity constitutionally required to compel testimony. On each such occasion, the court has expressed a preference for transactional immunity, but has carefullyavoided resolving the …
The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman
The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman
Articles
In 1979, the M/V Ryuyo Maru No. 2, a Japanese fishing vessel, went aground off the coast of Alaska. During the course ofthe United States Coast Guard's investigation into the cause of themarine casualty, the captain of the vessel and several seamen attempted to avoid giving testimony at the Coast Guard inquest onthe ground that their testimony would tend to incriminate the munder the law of Japan. The ensuing litigation' over the extent towhich the fifth amendment protects witnesses from compulsory self-incrimination where the sole threat of criminal prosecution is by a foreign government contributes to a recent line of …