ZICARELLI
v.
NEW JERSEY STATE COMMISSION OF INVESTIGATION
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The Court noted probable jurisdiction limited to specific questions regarding the sufficiency of a state immunity statute to supplant the Fifth Amendment privilege against self-incrimination.
The case involves an appeal from the Supreme Court of New Jersey concerning the constitutionality of a state immunity statute, N. J. S. A. 52:9M-17. T…
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Appeal from Sup. Ct. N. J. Probable jurisdiction noted limited to Questions 1, 2, 3, and 4 as set forth in the jurisdictional statement which read as follows:
‘T. Whether a state immunity statute, and in particular N. J. S. A. 52:9M-17, which merely prevents the subsequent use of a witness’s testimony and evidence derived therefrom is sufficient to supplant the Fifth Amendment’s privilege against self-incrimination?
“2. Whether Counselman v. Hitchcock, 142 U. S. 547 (1892), which stated that 'absolute immunity against further prosecution’ is required before the Fifth Amendment privilege may be supplanted, is still the law of the land? [For earlier orders herein, see, e. g., 398 U. S. 948.]
“3. Whether the immunity statute in question, N. J. S. A. 52:9M-17 is constitutionally defective due to its provision that only a ‘responsive’ answer, or evidence derived therefrom will not be used against the witness, where the statute provides no guidelines for determining what is a ‘responsive’ answer?
“4. Whether the immunity statute, N. J. S. A. 52:9M-17, can supplant the Fifth Amendment privilege when it fails to provide immunity against foreign prosecution, with respect to an individual who has a real fear of such foreign prosecution?”
As to all other questions set forth in the jurisdictional statement, the appeal is dismissed for want of a substantial federal question.
Mr. Justice Brennan took no part in the consideration or decision of this matter.
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Zicarelli v. N.J. State Comm'n of Investigation, 406 U.S. 472 (U.S. 1972)…udgment of the Superior Court. In re Zicarelli, 55 N. J. 249, 261 A. 2d 129 (1970). This Court noted probable jurisdiction and set the case for argument to consider appellant’s challenges to the sufficiency of the immunity authorized by the statute. 401 U. S. 933 (1971.) I A majority of the members of the Commission have authority to confer immunity on a witness who invokes [*475] the privilege against self-incrimination.3 After the witness testifies under the grant of immunity, the statute provides that:…
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Washington v. Confederated Bands and Tribes of the Yakima Indian Nation, 439 U.S. 463 (U.S. 1979)…over, the disclaimer issue was implicit in the subjects the parties were requested to address in our order noting probable jurisdiction of this appeal. 435 U. S. 903. Cf. Cent v. [*477] Arkansas, 384 U. S. 937; Zicarelli v. New Jersey State Comm’n, 401 U. S. 933. Washington also contends that this Court’s summary dismissals in Makah Indian Tribe v. State, 76 Wash. 2d 485, 457 P. 2d 590, appeal dismissed, 397 U. S. 316; Tonasket v. State, 84 Wash. 2d 164, 525 P. 2d 744, appeal dismissed, 420 U. S. 915; and…
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United States v. Wilcox, 450 F.2d 1131 (5th Cir. 1971)…stice Brennan’s dissent in Pic-cirillo v. State of New York, 1971, 400 U.S. 548, 91 S.Ct. 520, 27 L.Ed.2d 596, cert, dism’d as improvidently granted. See also, Ziccarelli v. New Jersey State Comm, of Investigation, 1971, probable jurisdiction noted, 401 U.S. 933, 91 S.Ct. 916, 28 E.Ed.2d 213 (1971) ; Samo v. Illinois Crime Investigating Comm., 1971, cert, granted, 401 U.S. 935, 91 S.Ct. 918, 28 L.Ed.2d 214; The Organized Crime Control Act, 1970, 39 L.W. 23 (“use immunity”) ; and Counselman v. Hitchcock, sup…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Counselman v. Hitchcock, 142 U.S. 547 (U.S. 1892)
- Zicarelli v. N.J. State Comm'n of Investigation, 398 U.S. 948 (U.S. 1970)
- Palmer v. Thompson, 398 U.S. 948 (U.S. 1970)