Fifth Amendment Privilege Against SelfIncrimination May Not Be Extended in Cases Where Only a Foreign Prosecution Is Possible

Paul S. Wallace

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Fifth Amendment Privilege Against SelfIncrimination May Not Be Extended in Cases Where Only a Foreign Prosecution Is Possible (CRS Report for Congress)

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Release Date	July 16, 1998
Report Number	98-490
Report Type	Report
Authors	Paul S. Wallace, Jr., American Law Division
Source Agency	Congressional Research Service

Summary:

Several courts in the various circuits have considered whether the Fifth Amendment privilege against self-incrimination applies to fear of incrimination in foreign countries, and they have come to divergent conclusions. The United States Supreme Court granted certiorari in United States v. Balsys, and on June 25, 1998, decided that a witness may not invoke the Fifth Amendment privilege against self-incrimination in which only a foreign prosecution is possible. This report will not be updated.

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Fifth Amendment Privilege Against SelfIncrimination May Not Be Extended in Cases Where Only a Foreign Prosecution Is Possible (CRS Report for Congress)