From the evidence of the psychiatrists for the defense, the jury might have concluded the petitioner was mentally somewhat below the average with minor stigmata of mental subnormalcy. ', Title 22, section 2403, 'Whoever with malice aforethought, except as provided in sections 22—2401, 22—2402, kills another, is guilty of murder in the second degree.

On this question the Court of Appeals for the Fifth Circuit in No. 703, 19 Ky. Law Rep. 94; Commonwealth v. Trippi, 1929, 268 Mass. The documents would not be admissible in evidence against the taxpayer without authenticating testimony. interpreted . Boyd v. United States, 116 U. S. 616, 116 U. S. 630 (1886). The deference which this Court pays to that Court's adjudications in ordinary cases involving issues essentially of minor or merely local importance seems out of place when the action of this Court, no matter how phrased, sustains a death sentence at the seat of our Government as a result of a trial over which this Court, by direction of Congress, has the final reviewing power. . 74-18, 500 F.2d 683, affirmed; No. Argued November 3, 1975. (b) Here, however incriminating the contents of the accountants' workpapers might be, the act of producing them -- the only thing that the taxpayers are compelled to do -- would not, itself, involve testimonial self-incrimination, and implicitly admitting the existence and possession of the papers does not rise to the level of testimony within the protection of the Fifth Amendment. A more adequate charge, I agree with Mr. Justice FRANKFURTER, would have pointed up the evidence, at least in broad outline, in relation to those issues. ', § 22—2403: 'Whoever with malice aforethought, except as provided in sections 22—2401, 22—2402, kills another, is guilty of murder in the second degree.'. [Footnote 2/3], "The right was originally a 'right of silence' . Report of the Washington Board of Trade, November 14, 1898, pp. 274; State v. James, 1921, 96 N.J.L. 354; State v. Close, 1930, 106 N.J.L. Olmstead v. United States, 277 U. S. 438, 277 U. S. 474 (1928) (Brandeis, J., dissenting). The privacy invasion is not mitigated by immunity; and the Fifth Amendment's strictures, unlike the Fourth's, are not removed by showing reasonableness. After that he dragged her body down into an adjoining pump pit, where it was found the next morning. Here we have more than an exercise in statutory construction or in local law. (He) didn't know whether she was dead or alive. . When a man's life or liberty is at stake he should be adjudged according to his personal culpability as well as by the objective seriousness of his crime. "And any compulsory discovery by extorting the party's oath, or compelling the production of his private books and papers, to convict him of crime, or to forfeit his property, is contrary to the principles of a free government. 'It is further contended that even if sane and responsible, there was no deliberate intent to kill, nor in fact any actual intent to kill. 505 (1930); Keedy, Insanity and Criminal Responsibility, 30 Harv.Law Rev. We do hold that compliance with a summons directing the taxpayer to produce the accountant's documents involved in these cases would involve no incriminating testimony within the protection of the Fifth Amendment.

Gouled v. United States, 255 U. S. 298, 255 U. S. 306 (1921); Agnello v. United States, 269 U. S. 20, 269 U. S. 33-34 (1925); United States v. Lefkowitz, 285 U. S. 452, 285 U. S. 466-467 (1932); Mapp v. Ohio, 367 U. S. 643, 367 U. S. 661 (1961) (Black, J., concurring). Similarly, although it is necessary that the papers "contain no testimonial declarations by [the taxpayer]" in order for the privilege not to operate as a bar to production, anteat 425 U. S. 409, it does not follow. 659, 676, 677, 133 A. 205), courts from this must deduce that disease and congenital defects, for which the accused may not be responsible, may also reduce the crime of murder from first to second degree.

Such a radical departure from common law concepts is more properly a subject for the exercise of legislative power or at least for the discretion of the courts of the District.

The Court went on to hold that the accused in a criminal case or the defendant in a forfeiture action could not be forced to produce evidentiary items without violating the Fifth Amendment as well as the Fourth. Thus, whether or not Rule 501 applies to this case, the attorney-client privilege issue is governed by the principles and authorities discussed and cited infra. Accordingly it protects only those disclosures -- necessary to obtain informed legal advice -- which might not have been made absent the privilege. 1133, 1134 (K.B. Indeed, citing Warden v. Hayden, 387 U. S. 294 (1967), the Court notes, that the question is open whether the legal search and seizure of some forms of testimonial evidence would violate the Fifth Amendment, ante at 425 U. S. 407 n. 9. We accordingly proceed to the question whether the documents could have been obtained by summons addressed to the taxpayer while the documents were in his possession. This case has been much beclouded by laymen's ventures into psychiatry. The cases cited by this Court to support this statement are all instances of intoxication.

. It is suggested that the Lee case was decided when murder under the District law was not divided into degrees and that therefore it was not proper to instruct as to the accused's mental capacity to premeditate and deliberate while now it would be.

", "Since the blood test evidence, although an incriminating product of compulsion, was neither petitioner's testimony nor evidence relating to some communicative act or writing by petitioner, it was not inadmissible on privilege grounds.".

Consideration of a matter may continue over a prolonged period—hours, days, or even longer. 425 U. S. 398-399. 29. 23-24. 347, 356, 24 N.E. ", (Emphasis supplied.) The existence and location of the papers are a foregone conclusion, and the taxpayer adds little or nothing to the sum total of the Government's information by conceding that he, in fact, has the papers. 'I have stated that the indictment presents within its terms the three degrees of unlawful homicide—murder in the first degree, murder in the second degree, and manslaughter. I have no doubt that the trial court declined to give it believing that it was not required, perhaps also that it would be erroneous. The attorney client privilege, as a result, does not apply.

. Pp. Boyd v. United States, 116 U. S. 616"); Couch v. United States, 409 U.S. at 409 U. S. 344, 346 (MARSHALL, J., dissenting) (the person complying with the subpoena "implicitly testifies that the evidence he brings forth is, in fact, the evidence demanded"); United States v. Beattie, 522 F.2d 267, 270 (CA2 1975) (Friendly, J.) He did not know he had killed her. are not involved here," ante at 425 U. S. 401 n. 7, is only made in the context of discussion of the Fourth Amendment, and thus may readily imply that even a subpoena of a personal diary containing forthright confessions of crime may not be resisted on grounds of the privilege. That rule applied to documents as well as to other evidentiary items --, "[t]here is no special sanctity in papers, as distinguished from other forms of property, to render them immune from search and seizure, if only they fall within the scope of the principles of the cases in which other property may be seized. 104, 85 F.2d 270, 272. The issue here is narrow yet replete with significance. United States Supreme Court.

. But while it is not now this Court's function to interpret the facts independently,4 the jury, under guidance appropriate for a murder case, might well have so interpreted them because the facts are persuasively so interpretable. (Italics added.). ", 417 U.S. at 417 U. S. 87-88. It is suggested by a dissent that these instructions, just quoted in note 3, did not bring sharply and vividly to the jury's mind' the issue of premeditation; that they 'consisted of threadbare generalities, a jumble of empty abstractions.' MR. JUSTICE WHITE delivered the opinion of the Court. 1769); King v. Heydon, 96 Eng.Rep. See ante at 425 U. S. 399-400, n. 5. 595, 597 (K.B. The Court's treatment in the instant cases of the question whether the evidence involved here is within the protection of the privilege is, with all respect, most inadequate. Some papers, however, do lend themselves to classification. The Government's position was that the partnership had replaced all of the glass used in construction of the Government building when it imported the 29 cases. The Court was there considering intoxication under a statutory requirement that the intoxication should be taken into consideration by the jury in determining the degree of the offense. That inquiry is not answered in favor of production merely because the subpoena requires neither oral testimony from nor affirmation of the papers' contents by the taxpayer. [Footnote 2/7]. Ullmann v. United States, 350 U. S. 422, 350 U. S. 438 (1956) (Frankfurter, J.). 'As has been said, Caruso had the time to deliberate, to make a choice whether to kill or not to kill—to overcome hesitation and doubt—to form a definite purpose. The accountant's workpapers are not the taxpayer's. 102; Commonwealth v. Jones, 1829, 1 Leigh., Va., 598; Dejarnette v. Commonwealth, 1881, 75 Va. 867; Hite v. Commonwealth, 1898, 96 Va. 489, 31 S.E. testimonial evidence, either of the taxpayers or of anyone else. See Michael and Wechsler, A Rationale of the Law of Homicide (1937) 37 Col. 701, 703-704; Michael and Wechsler, Criminal Law and Administration (1940) 1270-73. 1744); Queen v. Mead, 92 Eng Rep. 119 (K.B. She recovered sufficiently to scream again, and he returned to the lavatory and cut her slightly with a knife he carried in his pocket. The Court of Appeals spoke of an acquittal under the proposed instruction.

873, may indicate a different point of view.

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