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US Vs Balsys

The US Supreme Court case US vs Balsys concerned whether a resident alien living in the US, Aloyzas Balsys, could refuse to answer questions in a deposition by the Justice Department about his wartime activities in Europe between 1940-1945 based on the risk of self-incrimination under foreign law. The Court held that while resident aliens have Fifth Amendment protections against the US government, the risk of foreign prosecution is not sufficient to claim the privilege against self-incrimination since the Fifth Amendment does not apply to foreign governments.

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Charelle Sy-Serrano
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183 views1 page

US Vs Balsys

The US Supreme Court case US vs Balsys concerned whether a resident alien living in the US, Aloyzas Balsys, could refuse to answer questions in a deposition by the Justice Department about his wartime activities in Europe between 1940-1945 based on the risk of self-incrimination under foreign law. The Court held that while resident aliens have Fifth Amendment protections against the US government, the risk of foreign prosecution is not sufficient to claim the privilege against self-incrimination since the Fifth Amendment does not apply to foreign governments.

Uploaded by

Charelle Sy-Serrano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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US vs Balsys

Facts:

 Respondent Aloyzas Balsys is a resident alien living in Woodhaven, New York,


 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.
 When OSI issued a subpoena requiring Balsys to testify at a deposition, he appeared and gave his
name and address, but he refused to answer any other questions, such as those directed to his
wartime activities in Europe between 1940—1945 and his immigration to the United States in
1961.
 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.

Issue: Whether or not fear of foreign prosecution is sufficient ground to justify the invocation of the Firth
Amendment privilege against self-incrimination

Held: NO

 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
assert a self-incrimination protection against possible prosecution at their hands.

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