United States v. Balsys 524 US 666, 118 S. Ct. 2218 (1999) is a United States Supreme Court case involving Aloyzas Balsys A Lithuania who immigrated to United States in 1961.
| United States v. Balsys | |
|---|---|
 | |
| Court | United States Court of Appeals for the Second Circuit |
| Argued | April 20 1998 |
| Decided | June 25 1998 |
| Docket nos. | 97-873 |
| Citation(s) | 524 U.S. 666 |
| Claim | A witness with a real and substantial fear of prosecution by a foreign country may assert the Fifth Amendment privilege to avoid giving testimony in a domestic proceeding |
| Holding | |
| Fear of self incrimination and a following prosecution by a foreign country does not fall under the Fifth Amendment right against self incrimination | |
| Court membership | |
| Judge(s) sitting | Rehnquist, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, Breyer |
| Case opinions | |
| Majority | Rehnquist, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas, joined by Ginsburg, Breyer |
Background edit
As a part of Balsys' application of immigration to the United States he stated prior service in the Lithuanian Army, serving from 1934 to 1940.[1] This prior service came into question by the Justice Department's Office of Special Investigations (OSI) and become the center of the dispute over this case. In 1979 the Justice Department's Office of Special Investigations (OSI) was established to investigate and deport supporters found of persecuting "any person because of race, religion, national origin, or political opinion.".[2] Around the time of Balsys' service in the Lithuanian Army, Lithuanian auxiliaries supported a German detachment with the murdering the Jews of Lithuania.[3] for questioning about his wartime activities between 1940 and 1944.[4] Fearing deportations at the deposition, He invoked the Fifth Amendment right against self incrimination.
Court rulings edit
The District court agreed that Balsys testimony could put him in danger with foreign countries but claimed that "The reasonableness of his fear is not challenged by the Government, and we thus squarely face the question whether a criminal prosecution by a foreign government not subject to our constitutional guarantees presents a “criminal case” for purposes of the privilege against self-incrimination.[1]"
Balsys appealed this decision to the Second Circuit but in a 7-to-2 decision the court held. With Justice Souter delivering the Courts Opinion stating fear of self incrimination and a following prosecution by a foreign country does not fall under the Fifth Amendment right against self incrimination.
References edit
- ^ a b Souter (25 June 1998), United States v. Balsys, retrieved 2022-09-05
- ^ "Secret Justice Department Report Details How the U.S. Helped Former Nazis". www.nytimes.com. Retrieved 2022-09-05.
- ^ "Lithuania". encyclopedia.ushmm.org. Retrieved 2022-09-05.
- ^ "US vs Balsys Case". Retrieved 2022-09-05.