The Whens and Whys of Asserting Fifth Amendment Privileges

The Fifth Amendment's protection against self-incrimination is one of the foundational rights of the America justice system. It provides that "no person ... shall be compelled in any criminal case to be a witness against himself." It protects witnesses from what Justice Field called the "cruel trilemma of self-accusation, perjury, or contempt." <i>Brown v. Walker</i>, 161 U.S. 591, 637 (1896) (Field, J., dissenting). In this post-Enron era of corporate prosecutions, it is critical that corporate insiders understand the scope of the Fifth Amendment's protection.

15 minute readFebruary 27, 2006 at 02:16 PM
By
Marjorie J. Peerce
Peggy M. Cross
The Whens and Whys of Asserting Fifth Amendment Privileges

The Fifth Amendment's protection against self-incrimination is one of the foundational rights of the America justice system. It provides that “no person … shall be compelled in any criminal case

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