skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 120584 Find in a Library
Title: Fifth Amendment Limitations on Compelled Production of Evidence (From White-Collar Crime: Fifth Survey of Law, P 1121-1144, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)
Journal: American Criminal Law Review  Volume:26  Issue:3  Dated:(Winter 1989)  Pages:1121-1144
Author(s): L A Fritzler
Date Published: 1989
Page Count: 24
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article traces the case law and legal doctrines controlling the extent to which the fifth amendment privilege against self incrimination applies to documents.
Abstract: In 1886, in Boyd v. United States, the Supreme Court held that the Constitution protects an individual's private business papers from compulsory production. Over the years, the Court has limited the scope of the protections established in Boyd. In 1988, the Court held that corporations and other collective bodies such as partnerships as well as employees acting as company representatives may not claim the fifth amendment privilege against self incrimination. Other limitations on those who may invoke the privilege are discussed, as are the kinds of documents not covered by the privilege. The act of production doctrine is detailed, and specific controversial elements of the doctrine analyzed. The effect of a Federal grant of immunity upon the privilege is also discussed, and relevant case law is cited. The article warns that the Supreme Court cannot ignore fifth amendment privacy concerns that attach to the privilege against self incrimination. 193 footnotes.
Main Term(s): Right against self incrimination
Index Term(s): Business records; Pretrial discovery; White collar crime
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.