Sam is the owner of a sole proprietorship. A grand jury, during the course of an investigation of possible bribery in the awarding of several municipal contracts, serves three subpoenas on Sam seeking his business records. Are Sam's records privileged under the 5th Amendment? Why or why not?© BrainMass Inc. brainmass.com December 24, 2021, 10:38 pm ad1c9bdddf
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In essence, the Fifth Amendment simply protects the individual from having to testify against him or herself in a court of law. The protection that is provided under this amendment, would also prevents Sam from having to testify against himself in a court of law as the sole proprietor of his business. Sam's business records on the other hand, must be turned over to the court due to the fact that the Supreme Court ruling indicates that business records and other pertinent documents must be turned over when subpoenaed. The Supreme Court has ruled that even documents that may result in the incrimination of an individual must be turned over to the courts as well.© BrainMass Inc. brainmass.com December 24, 2021, 10:38 pm ad1c9bdddf>