, the former employees cannot be forced to produce corporate records which they have in their possession because the Fifth Amendment protects them again any self-incrimination.
The Fifth Amendment protects an individual from producing any records which can result in incriminating him. The rationale behind this is that an individual's papers are a record of his personal communications and in the absence of such protection; the individual can be subjected to coercion. It would be similar to a case where an individual is forced to testify against oneself.
The former employees can only be compelled to produce the documents before the court of those documents were the records of any collective entity or a corporation.
Below mentioned are the existing constitutional safeguards which protect the persons who are accused of crimes:
1) Fourth amendment : This amendment states that law enforcement officers must have a search warrant for seizure and search of the accused.
2) Fifth Amendment : This amendment protects against self-incrimination and double jeopardy. It also guarantees that accused can never be held guilty until the completion of due process of law.
3) Sixth and Eighth Amendment : These amendments provide right to trial, right to public trial, right to jury trial and right to counsel to the accused.
Below mentioned are the basic steps in a criminal process:
The various situations that are mentioned in the question, a crime has been committed and it is of theft but the crime that has been committed in each situation falls under a different category and all the relevant categories to which each crime belongs have been stated below:
• In the first situation the crime that is being represented is 'Larceny' which comes under the category of property crime. Larceny is acquiring of some other persons property or taking away things that are owned by the other person with the intention of keeping it forever and not allowing the owner to have his/her thing back.
• In the second case as stated above the crime that has been committed by Sarah can be classified as a 'Violent Crime', this can be said because when such crimes those are the reason for the sufferings or the death of other people can be classified as violent crime.
• The third situation stated above points that the crime committed can be called 'Burglary' because Sarah entered into Makoto's house without informing him, by false methods such as breaking the lock and then carrying away the laptop computer. Therefore this is the case of burglary.