CONSTITUTIONAL LAW - DOUBLE JEOPARDY - INCLUSION OF THE CORPORATE CRIMINAL DEFENDANT WITHIN THE PRIVILEGE

• NCJ Number: 42661
• Journal: Fordham Law Review Volume: 45 Issue: 6 Dated: (MAY 1977) Pages: 1514-1524
• Author(s): J J KELLY
• Date Published: 1977
• Length: 11 pages
• Corporate Author: Fordham University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS NOTE EXAMINES THE CONSTITUTIONAL BASIS FOR A CORPORATION'S RIGHT TO CLAIM THE FIFTH AMENDMENT'S DOUBLE JEOPARDY PRIVILEGE.

Abstract

ISSUES RAISED IN U.S. V SECURITY NATIONAL BANK (1976) IN WHICH AN APPEAL BY THE PROSECUTION WAS DISMISSED ON THE GROUNDS THAT THE PRIVILEGE AGAINST SELF-INCRIMINATION APPLIES TO A CORPORATE DEFENDANT, ARE EXAMINED. RELEVANT FEDERAL CASE LAW AND THE COURT'S REASONING IN THE INSTANT CASE ARE ALSO STUDIED. THE AUTHOR FINDS THE DISMISSAL AND THE FURTHER EXTENSION OF FIFTH AMENDMENT RIGHTS TO CORPORATIONS BOTH PERMISSIBLE AND APPROPRIATE...EB