Asked by Danilo Seglio on Apr 30, 2024
Verified
Which of the following is true about the Fifth Amendment and the production of records?
A) It would allow a Bogus Inc.officer who has custody of Bogus records to resist a subpoena demanding production of those records if the contents of the records could incriminate that officer personally.
B) It would prevent a sole proprietor from being compelled to produce his/her business records if the act of producing such records was not testimonial in nature.
C) It may be asserted by a corporation,partnership,or other collective entity on the same basis that an individual human being could assert it.
D) It does not protect "required records" from being subpoenaed and used against the record keeper in criminal prosecutions.
Fifth Amendment
A provision in the U.S. Constitution that guarantees various rights related to legal proceedings, including the right against self-incrimination.
Subpoena
A legal document ordering someone to attend court or produce documents relevant to a legal case.
Records
Documents that preserve information or evidence.
- Familiarize oneself with the constitutional safeguards in criminal law, including the emphasis on the Equal Protection Clause and the amendments that pertain to criminal procedures.
Verified Answer
ZK
Zybrea KnightMay 05, 2024
Final Answer :
D
Explanation :
Various decisions allow the government to require business proprietors to keep certain records relevant to transactions that are appropriate subjects for government regulation.These "required records" are not entitled to private papers protection.They may be subpoenaed and used against the record keeper in prosecutions for regulatory violations.
Learning Objectives
- Familiarize oneself with the constitutional safeguards in criminal law, including the emphasis on the Equal Protection Clause and the amendments that pertain to criminal procedures.
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