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January 16, 2008
The False Digital Dilemma
From the Wsahington Post we have this: In Child Porn Case, a Digital Dilemma - washingtonpost.com I must say that I’m astonished that it’s taken this long for a case like this to come up. But here it is and it would be this kind of case. Everybody seems to be willing to toss rights out the window when the defendant might be this kind of creep. Trouble is, toss them out in this case, and you’ve tossed them out in all cases.
Mr. Kerr’s assertion that Boucher lost his 5th amendment “privilege” [hey! thought that one was a right.] when he mentioned a couple of things to customs officers seems way wide of the mark. Why is it that as soon as technology is involved, we’re always supposed to be in some new unexplored realm as far as rights and law are concerned?
What if we were talking about a suspected murderer? Even if he’d made a couple of damaging statements, that wouldn’t permit the police or prosecutors to put him on the stand and demand that he tell them where the body’s buried or face contempt of court. The technology is not an issue here. The issues are the same as they ever were.
Filed under General, Your Rights, Fifth Amendment.
Posted by eric at January 16, 2008 08:42 AM