Re:Suspect can’t be compelled to reveal “64-character” passw...
by ceejayoz on Sunday November 24, 2019 @09:35AM
(#21620639)
> to prevent people from being forced to be a witness against themselves
Also known as a "forced confession"?
> If they give you immunity then is no longer a case for which they can compel you to give up anything in the first place. Unless they are going after someone else in which case the 5th amendment did not apply in the first place.
Two people committing a crime together.
Honestly and fully testifying against one's partner in a jointly commissioned crime would constitute a confession. Immunity allows that testimony.
Re:Suspect can’t be compelled to reveal “64-character” passw...
by UncleEntity on Sunday November 24, 2019 @12:58PM
(#21622069)
> Also known as a "forced confession"?
Not really -- you could be compelled to testify against yourself and not confess to a specific crime, the very fact there is even a trial presupposes one plead "not guilty".
No the purpose of the 5th amendment was to prevent people from being forced to be a witness against themselves, that is why the 5th amendment says
"nor shall be compelled in any criminal case to be a witness against himself"
Forcing to revel what is in your mind (aka a password) is a clear and obvious violation of the 5th amendment, and I do not expect it to be over turned
>Second, the protection doesn't apply if you're given immunity
If they give you immunity then is no longer a case for which they can compel you to give up anything in the first place. Unless they are going after someone else in which case the 5th amendment did not apply in the first place.
I fail to see while this relevant to the discussion.