“The privilege against self-incrimination is neither accorded to the passive resistant, nor the person who is ignorant of his rights, nor to one indifferent thereto. It is a fighting clause. Its benefits can be retained only by sustained combat. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a belligerent claimant in person. McAlister v. Henkel, 201 U.S. 90, 26 S. Ct. 385, 50 L. Ed. 671; Commonwealth v. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum v. State, 38 Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. Once he testifies as to part, he has waived his right and must on cross examination or otherwise, testify as to the whole transaction. He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus.” JAMES ALGER FEE, District Judge, United States v. Johnson, 76 F. Supp. 538 (M.D. Pa. 1947)
Related Library Documents:
Amazon Affiliate Products
Black’s Law Dictionary
Black’s Law Dictionary, Pocket Edition is the top-selling paperback law dictionary for good reason. With more than 19,000 definitions from the industry-standard Black’s Law Dictionary 10th, it is an essential reference tool for legal terms in a compact format.
View Product
Unrebutted Affidavits Stand As Truth
View Product
The UCC Connection
THE 10 MAXIMS OF COMMERCIAL LAW 1. A workman is worthy of his hire. 2. All are equal under the law. 3. In commerce, truth is sovereign. 4. Truth is expressed in the form of an affidavit. 5. An unrebutted affidavit stands as truth in commerce. 6. An unrebutted affidavit becomes judgment in commerce. 7. A matter must be expressed to be resolved. 8. He who leaves the field of battle first loses by default. 9. Sacrifice is the measure of credibility. 10. A lien or claim can be satisfied only through (a) rebuttal by counter affidavit point by point; (b) resolution by a jury; or (c) payment or performance of the claim.
View Product