Legal Opinion · Dissent

United States v. Balsys

Supreme Court of the United States

Decided June 26, 1998No. 97-873Published

1DissentJustice Breyer

Were Aloyzas Balsys to face even a theoretical possibility that his testimony could lead a State to prosecute him for murder, the Fifth Amendment would prohibit the Federal Government from compelling that testimony. The Court concludes, however, that the Fifth Amendment does not prohibit compulsion here because Balsys faces a real and substantial danger of prosecution not, say, by California, but by a foreign nation. The Fifth Amendment, however, provides that “[n]o person ... shall be compelled in any criminal case to be a witness against himself.” U. S. Const., Arndt. 5 (emphasis added).…

2Cases cited31 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Malloy v. HoganSupreme Court of the United States · 1964
  3. Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
  4. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  5. Baxter v. PalmigianoSupreme Court of the United States · 1976

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