Application of Fifth Amendment to U.S. Constitution in international context—fear of foreign prosecution as ground for invoking privilege against self-incrimination—relevance of growing international law enforcement cooperation—role of U.S. judiciary in foreign relations
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United States v. Balsys. 118 S.Ct. 2218.U.S. Supreme Court, June 25, 1998.Resolving a long-open question, the U.S. Supreme Court held in this 7-2 decision that a witness in a domestic proceeding may not invoke the constitutional privilege against self-incrimination if the witness fears that the testimony may be used in a prosecution outside the United States. Although grounded in domestic law, the three opinions in Balsys reveal tension between the judiciary's traditional deference to the political branches in foreign relations matters and its concern over the risk that individuals subject to prosecution abroad will suffer deprivation of liberty because of that deference.
1985 ◽
Vol 79
(1)
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pp. 68-91
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1998 ◽
Vol 92
(4)
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pp. 675-679
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1992 ◽
Vol 86
(4)
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pp. 736-746
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2002 ◽
Vol 31
(3)
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pp. 263-274
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