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NCJRS Abstract

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NCJ Number: 119177 Find in a Library
Title: Grand Jury Practice
Journal: Criminal Justice  Volume:4  Issue:2  Dated:(Summer 1989)  Pages:26-29
Author(s): D S Rudolf; T K Maher
Date Published: 1989
Page Count: 4
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This article discusses foreign prosecution as it relates to United States citizens and their attorneys.
Abstract: The first question in a situation where there is the possibility of foreign prosecution is whether the Fifth Amendment's protection from self-incrimination applies to testimony that could incriminate the witness under foreign law. Unfortunately, court cases such as Zicarelli v. New Jersey Investigation Commission, 406 U.S. 472 (1972), and Mashima v. United States, 507 F.Supp. 131 (D. Alaska 1981), have not presented any clear answers on this question. Until the scope of the Fifth Amendment is finally resolved, attorneys representing clients with potential exposure to criminal prosecution in a foreign country need to be prepared to make a Fifth Amendment claim when the client is called upon to testify. In presenting this claim, it is important to develop as much information as possible concerning the likelihood of foreign prosecution. This includes proving a likelihood that the witness's testimony will end up in the hands of the foreign prosecutor. The attorney should seek either to prevent the witness from being forced to testify or to ensure that any testimony be subject to the most effective secrecy safeguards available.
Main Term(s): Foreign courts
Index Term(s): Attorney client relations; Foreign criminal justice systems
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