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 purchase and sell of timber, oil interests, land, and machinery. (Melvin, 2011, p.569) Braswell was being investigated by federal administration therefrom they subpoenaed him for his crease records. Braswell refused and pleaded to use his right of the one-fifth Amendment claiming that it hold dears business owners against self-incrimination. This subject will discuss the following: If a toilet has been recognized as a legal psyche for outgrowth base Amendment purposes, shouldnt the fifth Amendment protect it too, What if Braswells lodge 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 cheque protecting him. If a corporation has been recognized as a legal person for get-go Amendment purposes, shouldnt the Fifth Amendment protect it too? The counterbalance Amendment should protect our freedom of speech and the rights to take up whether or non to shargon certain information just like pile plead the Fifth to refuse to answer any questions.
When individual 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 furbish up proprietor but in this case it was bigger than what Braswell was taste to claim and did not fall under an individual rules. In the case of the corporation being looked at as a legal person I believe that ! 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 various rules to the company. As a sole proprietorship most businesses atomic number 18 set up by an individual. Sole proprietorship goes by...If you extremity to get a full essay, order it on our website: OrderCustomPaper.com
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