Southwestern Law School Los Angeles, CA

Journal News

Justice Breyer, in his dissent in United States v. Balsys, cited an article by Bruce Zagaris from Southwestern Journal of Law and Trade in the Americas. The relevant part is reproduced as follows:

The Court has said that the privilege reflects, too, "our fear that self-incriminating statements will be elicited by inhumane treatment and abuses." (citation omitted) This concern with governmental "overreaching" would appear implicated as much when the foreseen prosecution is by another country as when it is by another domestic jurisdiction. Indeed, the analogy to Murphy's observation about "cooperative federalism," in which state and federal governments wage "a united front against many types of criminal activity," (citation omitted) is a powerful one. That is because, in the 30 years since Murphy, the United States has dramatically increased its level of cooperation with foreign governments to combat crime. See generally E. Nadelman, Cops Across Borders: The Internationalization of U.S. Criminal Law Enforcement (1993); Bassiouni, Policy Considerations on Inter-State Cooperation in Criminal Matters, 4 Pace Y.B. Int'l L. 123 (1992); Zagaris, International Criminal and Enforcement Cooperation in the Americas in the Wake of Integration, 3 Sw. J. L. & Trade Am. 1 (1996).

524 U.S. 666, 715 (1998)