Kastigar v. United States

In Kastigar v. United States, 406 U.S. 441 (1972), the Supreme Court decided that use and derivative use immunity is coextensive with the scope of the Fifth Amendment privilege against compelled self-incrimination and therefore sufficient to compel testimony over this claim of privilege. Section 37.155's grant of "immunity from civil or criminal liability that might otherwise be incurred or imposed as a result of the report" at the very least grants use and derivative use immunity, and is coextensive with the scope of the Fifth Amendment privilege. Therefore the immunity grant in Section 37.155 is sufficient to remove any real or appreciable hazard of self incrimination and to compel reporting over a claim of privilege. The court held that "immunity from use and derivative use is coextensive with the scope of the privilege against self-incrimination, and therefore is sufficient to compel testimony over a claim of privilege." Accordingly, "immunity from the use of compelled testimony, as well as evidence derived directly and indirectly therefrom" ensures that "the testimony cannot lead to the infliction of criminal penalties on the witness." (Ibid.)