|
''United States v. Hubbell'', 530 U.S. 27 (2000), was United States Supreme Court case involving Webster Hubbell, who had been indicted on various tax-related charges, and mail and wire fraud charges, based on documents that the government had subpoenaed from him. The Fifth Amendment provides that no person “shall be compelled in any criminal case to be a witness against himself.” The Supreme Court has, since 1976, applied the so-called “act-of-production doctrine.” Under this doctrine, a person can invoke his Fifth Amendment rights against the production of documents only where the very act of producing the documents is incriminating in itself. ==Background== This case involved the second prosecution of Webster Hubbell by the Independent Counsel. The prosecution arose from the Independent Counsel's attempt to determine whether Hubbell had violated a promise (part of a plea agreement) to cooperate in the Whitewater investigation. In October 1996, while Hubbell was in jail as a result of the conviction on the guilty plea in the Whitewater case, the Independent Counsel served him with a ''subpoena duces tecum'' calling for the production of eleven categories of documents before a grand jury. In November 1996, Hubbell appeared before the grand jury and invoked his Fifth Amendment privilege against self-incrimination. In response to questioning by the prosecutor, Hubbell initially refused "to state whether there are documents within my possession, custody, or control responsive to the Subpoena." The prosecutor then produced an order, which had previously been obtained from the District Court pursuant to , directing Hubbell to respond to the subpoena and granting him immunity "to the extent allowed by law." Hubbell then produced 13,120 pages of documents and records. He also responded to a series of questions that established that the produced documents were all of the documents in his custody or control that were responsive to the commands in the subpoena (with the exception of a few documents he claimed were shielded by the attorney-client and attorney work-product privileges). The contents of the documents produced by Hubbell provided the Independent Counsel with the information that led to the second prosecution. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「United States v. Hubbell」の詳細全文を読む スポンサード リンク
|