Braswell v. United States No. 87-3 held in Supreme Court of United States. This case was argued on March 1, 1988 and decided on June 22, 1988. Chief Justice Rehnquist gave the opinion was joined by White, Blackman, O’Connor and Stevens. Kennedy filed dissenting opinion and was joined by Brennan, Marshall and Scalia. This case has to do with self-incriminations under the Fifty Amendment when they are subpoena for documents as a sole proprietorship of the organization. Mr. Braswell was ordered to submit records. He resisted on the grounds of the act is in violation of his Fifth Amendment rights.
Articulate the importance, context, purpose, and relevance of law in a business environment
In 1965 to 1980 Mr. Braswell operated his business under the name Worldwide Machinery Sales, Inc. In 1981 Mr. Braswell opened and begun to operate a second corporation under the name Worldwide Purchasing, Inc, and funded 100 percent interest held in Worldwide Machinery.…show more content… Mr. Braswell did not submit these documents stating it would violate his Fifth Amendment right. Antonin Scalia states “The Fifth Amendment doesn’t strike me as a very effective provision.” Multiple past judgement has been in favor of the government.
The Supreme Court received this case after it was held in the Court of Appeals and the Fifth Circuit. The District court denied the motion to quash the subpoena and the Court of Appeals affirmed. This case serves the purpose of protection for the government and the people of white collar crimes. Can the sole proprietor in a organization hide behind the Fifth amendment right just because they is no one else to verify these documents? The supreme court say no, Mr. Braswell can not hide behind the Fifth Amendment right to not produce these
