UNSUBSCRIBE Please take me off the list or go back to linux relevant discussions!
:) On Wed, Apr 27, 2011 at 12:42 PM, John Shaver <[email protected]> wrote: > On Wed, Apr 27, 2011 at 9:47 AM, Jessie Adan Morris > <[email protected]> wrote: > > And yet, how many bodies' locations are still unknown because > > the perp hasn't stated where the body is? > > > > That sounds like pleading the 5th to me. > > No, that's because you can't force anyone to give up information that > they have. Not because of the 5th amendment, but because you can't > control their mind. You can still hold them in contempt of court, or, > if they have already been convicted, leave them in jail. They could > also always claim that "I don't know where any body is.", or "I don't > know of any passphrase to decrypt that data". None of these mean that > they're pleading the 5th or that it's protected by 5th amendment > rights. > > If we go back to the physical key analogy. The court can compel > someone to give up the key to a safe. They can claim that they don't > know where the key is, or that they don't have it. However they're not > protected by their 5th amendment rights. They can be charged with > pergery/obstructing of justice/withholding evidence (I'm not sure. I'm > not a lawyer.) if they are found to have possession of the key. > > In contrast: If they don't confess to the crime or give testimony > against themselves and are found to be guilty, or withholding > information, they cannot be charged for any of these things, since > they are protected from being compelled to do so by their 5th > amendment rights. > > At least, that is how I see it. > > -John Shaver > > /* > PLUG: http://plug.org, #utah on irc.freenode.net > Unsubscribe: http://plug.org/mailman/options/plug > Don't fear the penguin. > */ > /* PLUG: http://plug.org, #utah on irc.freenode.net Unsubscribe: http://plug.org/mailman/options/plug Don't fear the penguin. */
