Essay about The Fifth Amendment and Self-Incrimination
The Fifth Amendment to some instance prevents law enforcement from obtaining and using illegal evidence against the defendant in the court of law. The government also would not be prohibited from requiring a person to produce income tax records. However if the defendant reasonably believes that any disclosures on his/her tax return can be used to prosecute him/her or can lead to other evidence to incriminate him/her, the defendant can chose to take the fifth. In the case United States v. Sullivan, 274 U.S. 259 (1927), the United States Supreme Court ruled that a taxpayer could not invoke the Fifth Amendment's protections as the basis for refusing to file a required federal income tax return. The Fifth Amendment privilege protects against the compulsion of ''testimonial'' disclosures, hence, requiring a person in custody to stand or walk in a police lineup, to speak prescribed words, to model particular clothing, or to give samples of handwriting, fingerprints, or blood does not compel him/her to self-incrimination. However, compelling him/her to produce private documents may be considered as self-incrimination.
The challenge here is how to avoid