Facts of the Case Charles Kastigar and Michael Stewart were subpoenaed to testify before a grand jury concerning their involvement in criminal activity. Both men refused to testify, invoking their Fifth Amendment right against self-incrimination. However, the federal government offered them use immunity under the federal immunity statute, 18 U.S.C. § 6002. Under this statute, […]
Tag: due process
New Jersey v. T.L.O. 1985
Facts of the Case In 1980, a teacher at Piscataway High School in New Jersey discovered two girls smoking in the school restroom, which was a violation of school rules. One of the students, identified as T.L.O. (a juvenile), denied smoking. The assistant vice principal searched T.L.O.’s purse and found cigarettes. While searching further, he […]
Brewer v. Williams, 1977
Facts of the Case In 1968, Robert Williams, who had recently escaped from a mental institution, was arrested for the abduction and murder of a 10-year-old girl, Pamela Powers, in Des Moines, Iowa. After Williams was arrested and had invoked his right to counsel, police officers decided to transport him from Davenport to Des Moines, […]
Nix v. Williams, 1984
Facts of the Case In 1968, Robert Williams, who had recently escaped from a mental hospital, abducted and killed a 10-year-old girl in Iowa. After his arrest, during the car ride back to Des Moines, Williams was not provided an attorney, despite his previous requests for one. During the ride, police engaged Williams in conversation […]
United States v. Leon, 1984
Facts of the Case In 1981, police officers in Burbank, California, obtained a search warrant to investigate Alberto Leon and others suspected of drug trafficking. The warrant was based on an affidavit provided by an informant, leading officers to conduct surveillance and eventually find large quantities of illegal drugs. Leon was indicted for federal drug […]
Brady v. Maryland, Supreme Court, 1963
Facts of the Case In 1958, John Brady and Charles Boblit were both convicted of first-degree murder and sentenced to death for the killing of William Brooks during a robbery in Maryland. Brady admitted his involvement in the robbery but claimed that Boblit was the one who actually committed the murder. During Brady’s trial, his […]