This Note will examine the rationale, policies, and history behind the self-incrimination clause and will demonstrate the privilege's importance as an individual right and as a check on police power. Only by exploring the purposes and policies behind the privilege--an approach condoned by the Supreme Court--is one able to formulate the best answer to whether the self-incrimination clause extends to persons in fear of foreign prosecution. An understanding of what the privilege is supposed to protect will lead to a better understanding of the scope of this important constitutional guarantee. This Note will then focus on recent cases in which courts have substituted domestic grants of immunity and sealing orders, issued under the Federal Rules of Criminal Procedure, for fifth amendment protections. Courts and commentators have questioned the sufficiency of these substitutes, and this Note will discuss the problems presented and possible solutions.
Bret A. Fausett,
Extending the Self-Incrimination Clause to Persons in Fear of Foreign Prosecution,
20 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol20/iss4/4