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    Facts of The Case

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    Sanjeev J. Sanger
    Aloyzas Balsys was subpoenaed by the Justice Department to testify about his wartime activities between 1940-1944 and immigration to the US. He refused by claiming his Fifth Amendment right against self-incrimination due to fear of prosecution by a foreign nation. The Supreme Court granted certiorari to determine if fear of foreign prosecution justifies invoking the Fifth Amendment. In a 7-2 decision, the Court concluded the risk of deportation is not sufficient to claim the privilege, as the Fifth Amendment does not apply to foreign governments.

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    Facts of The Case

    Uploaded by

    Sanjeev J. Sanger
    49 views1 page
    Aloyzas Balsys was subpoenaed by the Justice Department to testify about his wartime activities between 1940-1944 and immigration to the US. He refused by claiming his Fifth Amendment right against self-incrimination due to fear of prosecution by a foreign nation. The Supreme Court granted certiorari to determine if fear of foreign prosecution justifies invoking the Fifth Amendment. In a 7-2 decision, the Court concluded the risk of deportation is not sufficient to claim the privilege, as the Fifth Amendment does not apply to foreign governments.

    Original Title

    Us v Balsys

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    Aloyzas Balsys was subpoenaed by the Justice Department to testify about his wartime activities between 1940-1944 and immigration to the US. He refused by claiming his Fifth Amendment right against self-incrimination due to fear of prosecution by a foreign nation. The Supreme Court granted certiorari to determine if fear of foreign prosecution justifies invoking the Fifth Amendment. In a 7-2 decision, the Court concluded the risk of deportation is not sufficient to claim the privilege, as the Fifth Amendment does not apply to foreign governments.

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    © All Rights Reserved
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    49 views1 page

    Facts of The Case

    Uploaded by

    Sanjeev J. Sanger
    Aloyzas Balsys was subpoenaed by the Justice Department to testify about his wartime activities between 1940-1944 and immigration to the US. He refused by claiming his Fifth Amendment right against self-incrimination due to fear of prosecution by a foreign nation. The Supreme Court granted certiorari to determine if fear of foreign prosecution justifies invoking the Fifth Amendment. In a 7-2 decision, the Court concluded the risk of deportation is not sufficient to claim the privilege, as the Fifth Amendment does not apply to foreign governments.

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    © All Rights Reserved
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    assert a self-incrimination

    Facts of the case protection against possible


    prosecution at their hands.
    Aloyzas Balsys was subpoenaed by
    the Justice Department's Office of
    Special Investigations (OSI) to
    testify about his wartime activities
    between 1940 and 1944 and his
    subsequent immigration to the
    United States. Fearing prosecution
    by a foreign nation, Balsys refused
    the subpoena by claiming his Fifth
    Amendment privilege against self-
    incrimination. On appeal from an
    appellate court's reversal of a
    district court ruling granting OSI's
    subpoena enforcement petition,
    the Supreme Court granted the
    United States certiorari.

    Question
    Is fear of foreign prosecution
    sufficient grounds to justify the
    invocation of the Firth Amendment
    privilege against self-incrimination?

    Conclusion
    No. In a 7-to-2 decision, the Court
    held that although resident aliens
    are entitled to the same Fifth
    Amendment protections as citizen
    "persons" the risk of their
    deportation is not sufficient to
    sustain a self-incrimination
    privilege intended to apply only to
    the United States government. The
    Court explained that since the Fifth
    Amendment does not bind foreign
    governments, and that would not
    be subject to domestic
    enforcement of immunity-for-
    testimony deals, one could not

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