Opinion

Commonwealth v. Brady

  • 470 Pa. 420
  • 368 A.2d 699
  • 1977 Pa. LEXIS 539
Court
Supreme Court of Pennsylvania
Filed
Jan 28, 1977
Status
Published
Author
Manderino
On the bench
Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino
Cited by
7 cases

Court unanimous that witness’s federal right against self-incrimination not violated when transactional immunity granted for testimony

How later courts described this case

  • Court unanimous that witness’s federal right against self-incrimination not violated when transactional immunity granted for testimony

Written by the judges who cited it.

The opinion

MANDERINO, Justice,

concurring.

I join in the opinion of Mr. Justice Nix. In doing so, I am assuming for the purposes of this case only that the Act of November 22, 1968, P.L. 1080, 19 P.S. § 640.1, et seq. (Supp.1975-76), referred to as the Immunity Act, is not in violation of the Pennsylvania Constitution. I make the assumption because the appellants have raised no issue concerning the constitutionality of the Act. Under the Immunity Act ancient modes of extracting statements from people are replaced with coercion by incarceration. A witness testifying against an accused to avoid incarceration presents the same potential for perjury as a witness whose testimony is secured by use of the rack, the turning of the screw, or the payment of a monetary bribe. Using this kind of testimony to convict an accused raises serious due process questions. For this reason I wish to reserve judgment concerning whether the Act violates the Pennsylvania Constitution.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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