| Privilege Against Self-Incrimination Not International in Scope | |
| Description | Resident alien could not refuse to provide testimony about his activities during World War II because he feared prosecution by a foreign nation. There is no international application of the Fifth Amendment doctrine. |
| Topic | Criminal Law |
| Key Words | Self-Incrimination |
| C A S E S U M M A R Y | |
| Facts | When the Justice Department subpoenaed Balsys, a resident alien, to testify about his activities during World War II and his immigration to the U.S., he claimed the Fifth Amendment privilege against self-incrimination, based on his fear of prosecution by a foreign nation. The Second Circuit held that in such a case the witness could avoid testimony. Justice appealed. |
| Decision | Reversed. The possibility of foreign prosecution is not a premise for claiming the self-incrimination privilege. There is no "cooperative internationalism" as there is "cooperative federalism," where state and federal law enforcement cooperate. While that could emerge, it is not an issue at present. |
| Citation | United States v. Balsys, 118 S.Ct. 2218 (1998) |
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