United States V. Balsys: Denying a Suspected War Criminal the Privilege against Self-Incrimination

Regan, Erin Kelly, St. John's Law Review

When James Madison introduced the Bill of Rights1 at the first meeting of the newly formed United States Congress,2 he explained that the amendments were "intended to `limit and qualify the powers of Government, by excepting out of the grant of power those cases in which the Government ought not to act, or to act only in a particular mode.'"3 Accordingly, the Fifth Amendment4 ensures certain individual rights by restricting the government's powers.5 Although the Fifth Amendment's SelfIncrimination Clause appears straightforward in stating "[n]o person. . . shall be compelled in any criminal case to be a witness against himself,"6 the clause has confounded commentators7 and courts8 alike. …

Questia, a part of Gale, Cengage Learning. www.questia.com
Publication information: Article title: United States V. Balsys: Denying a Suspected War Criminal the Privilege against Self-Incrimination. Contributors: Regan, Erin Kelly - Author. Journal title: St. John's Law Review. Volume: 73. Issue: 2 Publication date: Spring 1999. Page number: 589+. © St. John's Law Review Association Fall 2008. Provided by ProQuest LLC. All Rights Reserved.

This material is protected by copyright and, with the exception of fair use, may not be further copied, distributed or transmitted in any form or by any means.