This article needs additional citations for verification .(January 2021) |
Brogan v. United States | |
---|---|
Argued December 2, 1997 Decided January 26, 1998 | |
Full case name | James Brogan v. United States |
Citations | 522 U.S. 398 ( more ) 118 S. Ct. 805; 139 L. Ed. 2d 830 |
Case history | |
Prior | United States v. Wiener, 96 F.3d 35 (2d Cir. 1996); cert. granted, 520 U.S. 1263(1997). |
Holding | |
18 U.S.C. § 1001 does not permit the use of an "exculpatory no." | |
Court membership | |
| |
Case opinions | |
Majority | Scalia, joined by Kennedy, Thomas, Rehnquist, O'Connor, Souter (in part) |
Concurrence | Souter (in part and in the judgment) |
Concurrence | Ginsburg (in the judgment), joined by Souter |
Dissent | Stevens, joined by Breyer |
Laws applied | |
18 U.S.C. § 1001, U.S. Const. amend. V |
Brogan v. United States, 522 U.S. 398 (1998), is a United States Supreme Court case in which the Court ruled that the Fifth Amendment does not protect the right of those being questioned by law enforcement officials to deny wrongdoing falsely.
The case determined the ultimate status of the “exculpatory no," a right found by several circuit courts, which courts claimed that Section 1001 [1] of Title 18 of the United States Code should be interpreted as the law not applying to those who simply deny wrongdoing. In the majority opinion, Justice Scalia explained that although others have interpreted the law to apply only to situations in which the lie "pervert[s] government functions," the language of the statute is clear, and the court had no power to overrule the wording of the statute, as created by Congress, even if the law was being used beyond its intended purpose.
The court also ruled that the Fifth Amendment does not apply in this situation. The Fifth Amendment must be explicitly indicated. It gives the person involved the right to remain silent but not the right to make an explicit lie.
Justice Ginsburg, joined by Justice Souter, argued that although Section 1001 is written such that its relevance in this case is incontrovertible, the current wording of Section 1001 leads to unreasonable and unintended circumstances like that of Brogan and so it should be rewritten. She detailed the circumstances of the case, recalling that investigators arrived unannounced at Brogan's home, already having secured evidence that he had received illicit cash payments. They asked him if he had received the illicit payments he had received, and Brogan replied, "No." The investigators then concluded the interview, stating that they knew he was lying and that his lie was a crime. In other words, the interview had not served to gather information but simply to coerce Brogan into committing an additional crime.
Justice Stevens, joined by Justice Breyer, followed the reasoning given by Justice Ginsburg but argued that logic gives the court the right and the means to exempt the application of Section 1001 from cases involving an "exculpatory no." They showed a willingness to go against the literal meaning of the law, as enacted by the legislature, in the interest of sustaining the spirit of the law.
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment.
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law.
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870.
Frontiero v. Richardson, 411 U.S. 677 (1973), was a landmark United States Supreme Court case which decided that benefits given by the United States military to the family of service members cannot be given out differently because of sex. Frontiero is an important decision in several respects, including the fact that it informed the military establishment that in terms of pay, allowances and general treatment, women must be considered on an equal plane as men. However, the Court did not issue a broad decision requiring the military to prove in the courts its reasons for excluding women from combat positions.
Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice.
Stenberg v. Carhart, 530 U.S. 914 (2000), was a landmark decision of the US Supreme Court dealing with a Nebraska law which made performing "partial-birth abortion" illegal, without regard for the health of the mother. Nebraska physicians who performed the procedure contrary to the law were subject to having their medical licenses revoked. The Court struck down the law, finding the Nebraska statute criminalizing "partial birth abortion[s]" violated the Due Process Clause of the United States Constitution, as interpreted in Planned Parenthood v. Casey and Roe v. Wade.
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit. The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse.
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." The right only applies to criminal prosecutions, not civil cases or other proceedings. Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government.
"Stop and identify" statutes are laws in several U.S. states that authorize police to lawfully order people whom they reasonably suspect of committing a crime to state their name. If there is not reasonable suspicion that a person has committed a crime, is committing a crime, or is about to commit a crime, the person is not required to identify themself, even in these states.
Making false statements is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, even by merely denying guilt when asked by a federal agent. A number of notable people have been convicted under the section, including Martha Stewart, Rod Blagojevich, Michael T. Flynn, Rick Gates, Scooter Libby, Bernard Madoff, and Jeffrey Skilling.
The Legal Tender Cases were two 1871 United States Supreme Court cases that affirmed the constitutionality of paper money. The two cases were Knox v. Lee and Parker v. Davis.
Vacco v. Quill, 521 U.S. 793 (1997), was a landmark decision of the Supreme Court of the United States regarding the right to die. It ruled 9–0 that a New York ban on physician-assisted suicide was constitutional, and preventing doctors from assisting their patients, even those terminally ill and/or in great pain, was a legitimate state interest that was well within the authority of the state to regulate. In brief, this decision established that, as a matter of law, there was no constitutional guarantee of a "right to die."
The Fifth Amendment to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights.
Conspiracy against rights is a federal offense in the United States of America under 18 U.S.C. § 241:
Rowan v. Post Office Dept., 397 U.S. 728 (1970), is a case in which the United States Supreme Court ruled that an addressee of postal mail has sole, complete, unfettered and unreviewable discretion to decide whether he or she wishes to receive further material from a particular sender, and that the sender does not have a constitutional right to send unwanted material into someone's home. It thus created a quasi-exception to free speech in cases in which a person is held as a "captive audience".
The Compulsory Process Clause within the Sixth Amendment to the United States Constitution lets criminal case defendants attain witnesses in their favor by way of a court-ordered subpoena. The Clause is generally interpreted as letting defendants present their own case at trial, though several specific limitations have been placed by the Supreme Court of the United States since this rule began.
Stop the Beach Renourishment v. Florida Department of Environmental Protection, 560 U.S. 702 (2010), was a United States Supreme Court case in which the Court held that the Florida Supreme Court did not effect an unconstitutional taking of littoral property owners' rights to future accretions and to contact the water by upholding Florida's beach renourishment program.
Washington v. Texas, 388 U.S. 14 (1967), is a United States Supreme Court case in which the Court decided that the Compulsory Process Clause of the Sixth Amendment to the Constitution is applicable in state courts as well as federal courts. Jackie Washington had attempted to call his co-defendant as a witness, but was blocked by Texas courts because state law prevented co-defendants from testifying for each other, under the theory that they would be likely to lie for each other on the stand.
Hernandez v. Mesa was a pair of United States Supreme Court cases in which the court held that the precedent established under the 1971 Bivens v. Six Unknown Named Agents decision did not extend to claims based on cross-border shootings.
United States v. Haymond, 588 U.S. ___ (2019), is a case in which the U.S. Supreme Court struck down
's five-year mandatory minimum prison sentence for certain sex offenses committed by federal supervised releasees as unconstitutional unless the charges are proven to a jury beyond a reasonable doubt. Justices Ginsburg, Sotomayor, and Kagan joined Gorsuch's plurality opinion, while Breyer provided the necessary fifth vote with his narrow concurrence that began by saying he agreed with much of Justice Alito's dissent, which was joined by Justices Roberts, Thomas, and Kavanaugh.