Criminal procedure - Fifth Amendment - Eleventh Circuit holds that the privilege against self-incrimination does not apply to the possibility of foreign prosecution
Article Abstract:
The US 11th Circuit Court of Appeals in 1997's United States v. Gecas incorrectly burdened 5th Amendment rights by holding that fear of foreign prosecution cannot support a civil witness' invocation of the privilege against self-incrimination. The court's interest in protecting the domestic criminal process in this or any other civil deportation hearing does not justify the undermining of 5th Amendment principles. Upholding constitutional principles in such cases is particularly called for because the foreign prosecution is made possible by the deportation.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Constitutional law - executive privilege - D.C. Circuit defines scope of presidential communications privilege
Article Abstract:
The US DC Circuit Court of Appeals in 1997's In re Sealed Case incorrectly ruled that the presidential communications privilege extends to communications made between presidential advisors when preparing presidential advise. The court did not recognize differences in the privilege for the president and his advisors. It also disregarded other applicable privileges and statutory exemptions which should be adequate to protect presidential advisors' communications.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Criminal procedure - Fifth Amendment - Third Circuit denies self-incrimination privilege at sentencing hearing
Article Abstract:
The US 3d Circuit Court of Appeals in 1997's United States v. Mitchell incorrectly disregarded the federal judicial rule that 5th Amendment self-incrimination rights of plea-bargaining defendants are preserved through the sentencing hearing. The court provided no viable precedent for enforcing the 5th Amendment waiver. The facts in this case particularly support the application of the rule accepted by all other federal courts.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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- Abstracts: Civil procedure - personal jurisdiction - Eleventh Circuit holds that minimum contacts with the United States do not automatically confer jurisdiction over a defendant served via a nationwide service of process statute
- Abstracts: Civil rights - availability of section 1983 remedy - Eleventh Circuit holds that federal regulations requiring state Medicaid plans to provide transportation to and from providers do not create a right enforceable under section 1983
- Abstracts: Criminal procedure - search and seizure - Tenth Circuit finds that thermal imaging scan of a home constitutes a search. - United States v. Cusumano, 67 F.3d 1497 (10th Cir. 1995)
- Abstracts: Statutory interpretation - Americans with Disabilities Act - Tenth Circuit holds that courts should consider mitigating measures in evaluating disability
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