Publication Date

Winter 1982

Journal

Journal of Criminal Law and Criminology

Abstract

This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme Court, Pillsbury Co. v. Conboy.

Volume

73

Issue

4

First Page

1690

Last Page

1739

Publisher

Northwestern Pritzker School of Law

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Evidence | Law | Legislation

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