Fifth Amendment Limitations on Compelled Production of Evidence (From White-Collar Crime: Fifth Survey of Law, P 1121-1144, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

• NCJ Number: 120584
• Journal: American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 1121-1144
• Author(s): L A Fritzler
• Date Published: 1989
• Length: 24 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article traces the case law and legal doctrines controlling the extent to which the fifth amendment privilege against self incrimination applies to documents.

Abstract

In 1886, in Boyd v. United States, the Supreme Court held that the Constitution protects an individual's private business papers from compulsory production. Over the years, the Court has limited the scope of the protections established in Boyd. In 1988, the Court held that corporations and other collective bodies such as partnerships as well as employees acting as company representatives may not claim the fifth amendment privilege against self incrimination. Other limitations on those who may invoke the privilege are discussed, as are the kinds of documents not covered by the privilege. The act of production doctrine is detailed, and specific controversial elements of the doctrine analyzed. The effect of a Federal grant of immunity upon the privilege is also discussed, and relevant case law is cited. The article warns that the Supreme Court cannot ignore fifth amendment privacy concerns that attach to the privilege against self incrimination. 193 footnotes.