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Act of Production Privilege Revisited
Posted by on Mar 18, 2011 in Fifth Amendment
In order to invoke the Fifth Amendment protection, the party seeking to invoke the protection bears the burden of demonstrating that a compelled communication is testimonial. The Supreme Court held that in order to be considered testimonial, a “communication must itself, explicitly or implicitly, relate a factual assertion or disclose information” that expresses “the contents [...]
Act Of Production Privilege
Posted by on Oct 13, 2009 in Fifth Amendment
“No person shall be compelled in any criminal case to be a witness against himself.” U. S. Constitution, Fifth Amendment. The Fifth Amendment may be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. Maness v. Meyers, 419 U.S. 449, 464, 95 S.Ct. 584, 594, 42 L.Ed.2d 574, 587 (1975). The [...]
