State Immunity Statutes in Constitutional Perspective

Although the privilege against self-incrimination serves a vital function in prohibiting a government from forcing a criminal defendant to prove his own guilt, it frequently imposes undesirable restrictions on the government\u27s ability to acquire information essential to make and enforce its public policies. To reduce the impact of this limitation, states have enacted laws which immunize a witness from subsequent incrimination in return for the witness\u27 testimony. With the extension of the fifth amendment to the states, questions have arisen as to the constitutionality of such state immunity statutes. This comment seeks to answer such questions in light of current constitutional standards