A prosecutor convened a grand jury to bring criminal charges against a pharmaceutical corporation. The charges were related to a new drug that was linked to several deaths. The prosecutor served a subpoena on a corporate employee who oversaw the testing of new drugs and kept the records related to such testing, requiring the production of all records related to testing done on the new drug. The employee refused to produce the records on Fifth Amendment grounds, asserting that the production of the records might incriminate him personally. Is the employee likely to be required to produce the records? A. No, because the Fifth Amendment privilege applies to corporations. B. No, because the production of the records would incriminate the employee personally. C. Yes, because the Fifth Amendment privilege does not apply in grand jury proceedings. D. Yes, because the Fifth Amendment privilege does not extend to the custodian of corporate records.

Question

Business

Marlee Stephenson

27 December, 15:34

A prosecutor convened a grand jury to bring criminal charges against a pharmaceutical corporation. The charges were related to a new drug that was linked to several deaths. The prosecutor served a subpoena on a corporate employee who oversaw the testing of new drugs and kept the records related to such testing, requiring the production of all records related to testing done on the new drug. The employee refused to produce the records on Fifth Amendment grounds, asserting that the production of the records might incriminate him personally. Is the employee likely to be required to produce the records? A. No, because the Fifth Amendment privilege applies to corporations. B. No, because the production of the records would incriminate the employee personally. C. Yes, because the Fifth Amendment privilege does not apply in grand jury proceedings. D. Yes, because the Fifth Amendment privilege does not extend to the custodian of corporate records.

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Dario Giles · Answer 1

Answer: the correct answer is D. Yes, because the Fifth Amedment privilege does not extend to the custodian of corporate records.

Explanation:

Although the custodian of corporate records as an individual enjoys the Fifth Amendment privilege about self-incrimination, the request for production is being made to the custodian in his capacity as a corporation employee and therefore the Fifth Amendment does not apply.