Abstract
In United States v. Balsys, the Supreme Court examined the scope of the Fifth Amendment's Privilege Against Self-Incrimination when invoked based on a fear of foreign prosecution. Applying the "same-sovereign" rule, the Court held that the Fifth Amendment only binds the government to which it applies and, therefore, the privilege cannot be invoked based solely upon a fear of foreign prosecution. This Comment analyzes the rationale in prior Supreme Court decisions addressing the scope of the privilege against self-incrimination and contends that despite the Court's revival of the same-sovereign rule in Balsys, the privilege can extend to witnesses who can show a real and substantial fear of foreign criminal prosecution, direct aid by the United States to foreign prosecuting authorities, and a complementary system of criminal justice in the United States and the prosecuting state.
Recommended Citation
Carlin Metzger,
The Same-Sovereign Rule Resurrected: The Supreme Court Rejects the Invocation of the Fifth Amendment's Privilege against Self-Incrimination Based upon Fear of Foreign Prosecution in United States v. Balsys,
77
Chi.-Kent L. Rev.
407
(2001).
Available at:
https://scholarship.kentlaw.iit.edu/cklawreview/vol77/iss1/16
