FREE BOOKS

Author's List




PREV.   NEXT  
|<   969   970   971   972   973   974   975   976   977   978   979   980   981   982   983   984   985   986   987   988   989   990   991   992   993  
994   995   996   997   998   999   1000   1001   1002   1003   1004   1005   1006   1007   1008   1009   1010   1011   1012   1013   1014   1015   1016   1017   1018   >>   >|  
of any statute affording him complete immunity) when being examined concerning his estate.[71] The privilege of witnesses, being a purely personal one, may not be claimed by an agent or officer of a corporation either in its behalf or in his own behalf as regards books and papers of the corporation;[72] and the same rule holds in the case of the custodian of the records of a labor union;[73] nor does the Communist Party enjoy any immunity as to its books and records.[74] Finally, this Amendment, in connection with the interdiction of the Fourth Amendment against unreasonable searches and seizures, protects an individual from the compulsory production of private papers which would incriminate him.[75] The scope of this latter privilege was, however, greatly narrowed by the decision in Shapiro _v._ United States.[76] There, by a five-to-four majority, the Court held that the privilege against self incrimination does not extend to books and records which an individual is required to keep to evidence his compliance with lawful regulations. A conviction for violation of OPA regulations was affirmed, as against the contention that the prosecution was barred because the accused had been compelled over claim of constitutional immunity to produce records he was required to keep under applicable OPA orders. After construing the statutory immunity as inapplicable to the case, Chief Justice Vinson disposed of the constitutional objections by asserting that "the privilege which exists as to private papers cannot be maintained in relation to 'records required by law to be kept in order that there may be suitable information of transactions which are the appropriate subjects of governmental regulation and the enforcement of restrictions validly established.'"[77] Due Process of Law SOURCE AND EVOLUTION OF THE MEANING OF THE TERM The phrase "due process of law" comes from chapter 3 of 28 Edw. III (1355), which reads: "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law." This statute, in turn, harks back to the famous chapter 29 of Magna Carta (issue of 1225), where the King promises that "no free man (_nullus liber homo_) shall be taken or imprisoned or deprived of his freehold or his liberties or free customs, or outlawed or exiled, or in any manner destroyed, nor shall we come upon him or s
PREV.   NEXT  
|<   969   970   971   972   973   974   975   976   977   978   979   980   981   982   983   984   985   986   987   988   989   990   991   992   993  
994   995   996   997   998   999   1000   1001   1002   1003   1004   1005   1006   1007   1008   1009   1010   1011   1012   1013   1014   1015   1016   1017   1018   >>   >|  



Top keywords:
records
 

privilege

 

immunity

 

required

 

papers

 

individual

 
Amendment
 
chapter
 

process

 
regulations

private

 

constitutional

 
behalf
 

corporation

 

statute

 

phrase

 

estate

 

MEANING

 
witnesses
 
EVOLUTION

relation

 

maintained

 
examined
 
SOURCE
 

subjects

 

governmental

 

regulation

 
enforcement
 

suitable

 

information


transactions

 

restrictions

 

Process

 

validly

 
established
 

purely

 
imprisoned
 

deprived

 
nullus
 

promises


freehold

 

liberties

 

destroyed

 
manner
 

customs

 

outlawed

 

exiled

 

tenements

 

affording

 
disinherited