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Counselman v. Hitchcock

United States Supreme Court

142 U.S. 547 (1892)

Relevant factsFree

Counselman (plaintiff), called as a witness before a grand jury investigating an Interstate Commerce Act violation, refused to answer questions by invoking his Fifth Amendment right against self-incrimination and was jailed for contempt by marshal Hitchcock (defendant); the government argued the privilege didn't apply because the grand jury proceeding wasn't itself a criminal prosecution against Counselman, and the court of appeals denied his habeas petition.

IssueFree

Whether the Self-Incrimination Clause of the Fifth Amendment is limited to a defendant in a criminal trial.

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