879 (N.D. 1938), North Dakota Supreme Court, case facts, key issues, and holdings and reasonings online today. Id., at 460.22 Requiring the prosecution to shoulder this burden ensures that the grant of immunity has "le[ft] the witness and the Federal Government in substantially the same position as if the witness had claimed his privilege in the absence of a grant of immunity." It explained: "On remand, the district court should hold a hearing in which it seeks to establish the extent and detail of the [G]overnment's knowledge of Hubbell's financial affairs (or of the paperwork documenting it) on the day the subpoena issued. It has, however, long been settled that its protection encompasses compelled statements that lead to the discovery of incriminating evidence even though the statements themselves are not incriminating and are not introduced into evidence. 2 (1788), in 1 Schwartz, supra, at 508. 1834). In December 1994, respondent pleaded guilty to charges of mail fraud and tax evasion arising out of his billing practices as a member of an Arkansas law firm from 1989 to 1992, and was sentenced to 21 months in prison. Only then is a person compelled to be a `witness' against himself." Judiciary Act of 1789, 1 Stat. Copyright © 2020, Thomson Reuters. 1810) (speaking of witnesses "be[ing] admitted to [be] depose[d], or give any manner of evidence" (emphasis added)). You can try any plan risk-free for 7 days.

No contracts or commitments.

The Court held that the Fifth Amendment privilege against self-incrimination protects a witness from being compelled to disclose the existence of incriminating documents that the Government is unable to describe with reasonable particularity. 1 Annals of Cong. Id., at 458-459 (internal quotation marks and footnote omitted).

In Kastigar the petitioners argued that, under our reasoning in Counselman, nothing less than full transactional immunity from prosecution for any offense to which compelled testimony relates could suffice to supplant the privilege. That document provided that no one may "be compelled to give evidence against himself." All rights reserved.

See generally Nagareda, Compulsion "to be a witness" and the Resurrection of Boyd, 74 N. Y.U. The compelled testimony relevant here is not to be found in the contents of the documents produced, but is the testimony inherent in the act of producing those documents. "H. Any and all tax returns and tax return information, including but not limited to all W-2s, form 1099s, schedules, draft returns, work papers, and backup documents filed, created or held by or on behalf of Webster Hubbell, his wife, his children, and/or any business in which he, his wife, or his children holds or has held an interest, for the tax years 1993 to the present. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. 2d 24, 2000 U.S. LEXIS 3768, 68 U.S.L.W. Written and curated by real attorneys at Quimbee. Id., at 408. The papers belong to the accountant, were prepared by him, and are the kind usually prepared by an accountant working on the tax returns of his client. Boyd v. United States, 116 U. S. 616, 631 (1886). Held.

To the extent that the information conveyed through Hubbell's compelled act of production provides the necessary linkage, however, the indictment deriving therefrom is tainted."

Each of the proposals broadly sought to protect a citizen from "be[ing] compelled to give evidence against himself." The government granted him immunity but then proceeded to use the documents to obtain an indictment against him from the Grand Jury. Whether the Fifth Amendment constitutional privilege against compelled self-incrimination and 18 U.S.C Section:6002 allows a witness to withhold disclosure of incriminating documents that the Government is unable to describe with reasonable particularity? A witness testified that the prisoner put it on and it fitted him. 4449, 2000-1 U.S. Tax Cas. The fact that the records are in respondent's possession is irrelevant to the determination of whether the creation of the records was compelled. App. XII (1780) ("furnish"), id., at 342; New Hampshire Bill of Rights Art. If the Government could not demonstrate with reasonable particularity a prior awareness that the documents sought existed and were in respondent's possession, the indictment was tainted. The contents of the documents produced by respondent provided the Independent Counsel with the information that led to this second prosecution. 472, 484, 103 Eng. "E. Any and all documents reflecting, referring, or relating to expenses incurred by and/or disbursements of money by Webster Hubbell during the course of any work performed or to be performed by Mr. Hubbell from January 1, 1993 to the present. Written and curated by real attorneys at Quimbee. Indeed, the record makes it clear that that is what happened in this case. A video case brief for United States v. Butler, 297 U.S. 1 (1936). A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. Subsequently, the Independent Counsel served respondent with a subpoena calling for the production of 11 categories of documents before a grand jury in Little Rock, Arkansas. Doe v. United States, 487 U. S. 201, 208, n. 6 (1988). For example, in King v. Purnell, 1 Black. -- Created using PowToon -- Free sign up at http://www.powtoon.com/youtube/ -- Create animated videos and animated presentations for free. But this Court's decision in Fisher v. United States, 425 U. S. 391 (1976), rejected this understanding, permitting the Government to force a person to furnish incriminating physical evidence and protecting only the "testimonial" aspects of that transfer. See also, e.g., King v. Cornelius, 2 Str. Section:6002. See 167 F. 3d, at 580 (noting District Court's finding that "Hubbell's compelled act of production required him to make communications as to the existence, possession, and authenticity of the subpoenaed documents"). And this Court has noted that, for generations before the framing, "one cardinal rule of the court of chancery [wa]s never to decree a discovery which might tend to convict the party of a crime." The email address cannot be subscribed. California v. Byers, 402 U. S. 424 (1971). 1771); T. Potts, A Compendious Law Dictionary 612 (1803); 6 G. Jacob, The Law-Dictionary 450 (T. Tomlins 1st American ed. You can try any plan risk-free for 30 days. "(3)     either House of Congress, a joint committee of the two Houses, or a committee or a subcommittee of either House, "and the person presiding over the proceeding communicates to the witness an order issued under this title, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.".

Laurance's assertion thus suggests that the Framers believed the Self-Incrimination Clause offered protection against such compelled production. Such a meaning of "witness" is consistent with, and may help explain, the history and framing of the Fifth Amendment. As an independent basis for dismissal, the District Court also concluded that the Independent Counsel had exceeded his jurisdiction under the Ethics in Government Act of 1978, as amended by the Independent Counsel Reauthorization Act of 1994, 28 U. S. C. §§591-599. Raym. Although none of our opinions has focused upon the precise language or history of the Compulsory Process Clause, a narrow definition of the term "witness" as a person who testifies seems incompatible with Burr's holding. 705, 91 Eng. On remand, the Independent Counsel acknowledged that he could not satisfy the "reasonable particularity" standard prescribed by the Court of Appeals and entered into a conditional plea agreement with respondent. Then click here. See The Federal Farmer No.

Pp. 1834) (statement of Rep. Laurance).3, In addition, a broad definition of the term "witness"--one who gives evidence--is consistent with the same term (albeit in plural form) in the Sixth Amendment's Compulsory Process Clause.4 That Clause provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have compulsory process for obtaining witnesses in his favor."

reversed and remanded, affirmed, etc. United States v. Wade, 388 U. S. 218 (1967). Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. Thomas, J., filed a concurring opinion, in which Scalia, J., joined. Please try again. No contracts or commitments. Historically, the privilege was intended to prevent the use of legal compulsion to extract from the accused a sworn communication of facts which would incriminate him. Stevens, J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Id., at 34-35. Rep. 653, 658 (K.B. Acknowledging that he could not satisfy the reasonable particularity standard, the Independent Counsel entered into a conditional plea agreement providing for dismissal of the indictment unless this Court's disposition of the case makes it reasonably likely that respondent's immunity would not pose a significant bar to his prosecution. In a future case, I would be willing to reconsider the scope and meaning of the Self-Incrimination Clause. Quimbee might not work properly for you until you.

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