Braswell v. United States In the case of Braswell v. United States 1988; Braswell was the touch on stockholder and officer of two companies which specialized in the buy and sell of timber, oil interests, land, and machinery. (Melvin, 2011, p.569) Braswell was being investigated by federal regimen therefrom they subpoenaed him for his melody records. Braswell refused and pleaded to use his right of the one-fifth Amendment claiming that it nurtures business owners against self-incrimination. This subject will discuss the following: If a community has been recognized as a legal psyche for starting time base Amendment purposes, shouldnt the ordinal Amendment protect it too, What if Braswells confederation was a mend proprietorship rather than a corporation, What if he Ran it alone bulge of his apartment, and When should the Fifth Amendment start or detail protecting him. If a corporation has been recognized as a legal person for get-go Amendment purposes, should nt the Fifth Amendment protect it too? The commencement exercise Amendment should protect our freedom of speech and the rights to deal whether or non to shargon certain information just like multitude plead the Fifth to refuse to answer any questions.
When earthly is being prosecuted as an individual they should be able to invoked their Fifth Amendment rights ; the self-discrimination clauses should protect an entity like in the case of being the sole proprietor but in this case it was bigger than what Braswell was search to claim and did not fall under an individual rules. In the case of the corporation b eing looked at as a legal person I believe t! hat according to the First and Fifth Amendment their information should be protected. What if Braswells company was a sole proprietorship rather than a corporation? If Braswells company was known as a sole proprietorship rather than a corporation this would bring about variant rules to the company. As a sole proprietorship most businesses be set up by an individual. Sole proprietorship goes by...If you set to get a full essay, order it on our website: OrderCustomPaper.com
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