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Arndstein v. McCarthy, 254 U.S. 71 (1920)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Arndstein v. McCarthy, 254 U.S. 71 (1920)
Arndstein v. McCarthy No. 55 Argued October 21, 22, 1920 Decided November 8, 1920 254 U.S. 71
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
Under direction of the bankruptcy court, but without objection, an involuntary bankrupt filed schedules of assets and liabilities which, standing alone, did not amount to an admission of guilt or furnish clear proof of crime, and, later in the proceeding, he declined to answer certain question concerning them on the ground that to do so might incriminate him. Held that, by filing the schedules, he did not waive his privilege under the Fifth Amendment. P. 72.
The privilege of the Amendment applies if it cannot be said that the questions propounded, considered in the light of the circumstances disclosed, may be answered with entire impunity. Id.
The provision of § 7 of the Bankruptcy Act that no testimony given by a bankrupt shall be offered in evidence against him in any criminal proceeding is not a substitute for the protection of the Fifth Amendment, since it does not prevent the use of his testimony to search out other evidence to be used in evidence against him or his property. P. 73.
Reversed.
The case is stated in the opinion. See also post,379.
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Chicago: U.S. Supreme Court, "Syllabus," Arndstein v. McCarthy, 254 U.S. 71 (1920) in 254 U.S. 71 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=E6Z5QIA8511VXK5.
MLA: U.S. Supreme Court. "Syllabus." Arndstein v. McCarthy, 254 U.S. 71 (1920), in 254 U.S. 71, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=E6Z5QIA8511VXK5.
Harvard: U.S. Supreme Court, 'Syllabus' in Arndstein v. McCarthy, 254 U.S. 71 (1920). cited in 1920, 254 U.S. 71. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=E6Z5QIA8511VXK5.
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