Taking the 5th Commandment on the grounds that I may discriminate myself

Started by CountDeMoney, March 22, 2017, 10:22:38 PM

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dps

Quote from: Berkut on March 23, 2017, 03:46:23 PM
What if after all is said and done, the guy just forgets the password?

Then he stays in jail for contempt until he dies or the court lets him out.


viper37

Quote from: Berkut on March 23, 2017, 02:58:06 PM
I could see a jury being reluctant to convict on the basis of "Well, we saw traffic to his computer from pedo sites, but we cannot actually PROVE that he has child prove on his computer..." even if the evidence (the traffic to and from pedo sites) is incredibly incriminating?

Seems like a pretty fine distinction though...
Actually, from the article, they can prove he downloaded specific files known to the authorities to be child porn video.  Could it work with a non technical jury, explaining them what that means exactly?  It sure is easier if you show them censored pictures/videos.

Of course, he could claim he immediatly deleted it, he would likely still be found guilty but might escape with a lighter conviction.

But it could be that they also suspect he molested some child himself and there is proof on his encrypted hard drive.  But I guess stating so explicitely would be a violation of his 5th amendment?
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