Evaluation:
Published: 08.12.2003.
Language: English
Level: Secondary school
Literature: n/a
References: Not used
  • Essays 'Case Brief on 5th Amendment', 1.
Extract

FACTS:
A federal grand jury in South Dakota is investigating possible criminal violations of the Clean Water Act, at a corporation's wastewater treatment facility. Two former employees have pleaded guilty to a conspiracy to violate the Clean Water Act, and the grand jury investigation includes whether senior corporate officers may be criminally liable as "responsible corporate officer".
ISSUE:
Does the individual have a valid basis to assert the Fifth Amendment privilege of self-incrimination?

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