Judge Orders Defendant to Decrypt Laptop

[Hawker]

What puzzles me is that you think computers are somehow special.  Saying you don't remember your password is no different to saying you don't remember where you buried a bag of evidence.  Its a dumb strategy.

What puzzle's me, is that you think an unfound bag of evidence, IS evidence when it is nothing but speculation that there is evidence.

Have you read the article?  Really?  Because I don't see how you can get from a woman who openly admits she can reveal the contents of the hard drive and that the contents are evidence.  There is no speculation here.

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[JusticeForYou]

Thread resolved:

http://volokh.com/2012/02/23/eleventh-circuit-finds-fifth-amendment-right-against-self-incrimination-not-to-decrypt-encyrpted-computer/

[compro01]

Thread resolved:

http://volokh.com/2012/02/23/eleventh-circuit-finds-fifth-amendment-right-against-self-incrimination-not-to-decrypt-encyrpted-computer/

Let's see, that's a "yes" from the 10th circuit and a "no" from the 11th.  Supreme court time.

[Hawker]

Thread resolved:

http://volokh.com/2012/02/23/eleventh-circuit-finds-fifth-amendment-right-against-self-incrimination-not-to-decrypt-encyrpted-computer/

Let's see, that's a "yes" from the 10th circuit and a "no" from the 11th.  Supreme court time.

The problem is the perps keep pleading guilty before it can ever get that far.

[TECSHARE]

There is an extremely high conviction rate in US Federal courts. Over 95% of ALL defendants taken to US Federal courts are convicted, leading almost everyone to plea-bargain to a lesser charge and plead guilty.

[Hawker]

There is an extremely high conviction rate in US Federal courts. Over 95% of ALL defendants taken to US Federal courts are convicted, leading almost everyone to plea-bargain to a lesser charge and plead guilty.

That's amazing. Why is it so high?

[TECSHARE]

The corrections system is the largest employer in the country after Wallmart  (I mean the industry as a whole not an individual company). That is not even counting the law enforcement side, or all of the asset seizures. Putting people in prison is big money, and we have over 2 million people in prison right now.

Decent related article explaining some of the profit motives: http://www.corpwatch.org/article.php?id=852

[JusticeForYou]

The corrections system is the largest employer in the country after Wallmart  (I mean the industry as a whole not an individual company). That is not even counting the law enforcement side, or all of the asset seizures. Putting people in prison is big money, and we have over 2 million people in prison right now.

Decent related article explaining some of the profit motives: http://www.corpwatch.org/article.php?id=852

Funny how that is being thought of recently.

There have been people being released from Prison because the 'State' doesn't want to take care of their medical needs. Last case I remember is a woman in Mississippi that needed a Kidney Transplant.

When enough people become poor, hungry, and/or need medical care, prison will be the support system.

[sunnankar]

There is an extremely high conviction rate in US Federal courts. Over 95% of ALL defendants taken to US Federal courts are convicted, leading almost everyone to plea-bargain to a lesser charge and plead guilty.

That's amazing. Why is it so high?

Based on conversations from my buddies from law school who have gone onto become US attorneys, public defenders and district attorneys it seems that it has to do with the allocation of resources (only the best cases are selected for prosecution by US attorneys), politics (many district attorneys, etc. are publicly elected) and career considerations (taking only cases with the higher conviction rates leading to promotions versus getting experience to move into private practice).

Perhaps others have some additional insights.

BTW, Hawker, you seem to have no understanding of the actual rules which are applicable with regards to self-incrimination, spoliation of evidence and the contempt power, reason worse than a rock and have no understanding of the law. I am not sure why people keep wrestling with you; you'd think they would figure out the pig likes the mud and they only get dirty.

[Hawker]

There is an extremely high conviction rate in US Federal courts. Over 95% of ALL defendants taken to US Federal courts are convicted, leading almost everyone to plea-bargain to a lesser charge and plead guilty.

That's amazing. Why is it so high?

Based on conversations from my buddies from law school who have gone onto become US attorneys, public defenders and district attorneys it seems that it has to do with the allocation of resources (only the best cases are selected for prosecution by US attorneys), politics (many district attorneys, etc. are publicly elected) and career considerations (taking only cases with the higher conviction rates leading to promotions versus getting experience to move into private practice).

Perhaps others have some additional insights.

BTW, Hawker, you seem to have no understanding of the actual rules which are applicable with regards to self-incrimination, spoliation of evidence and the contempt power, reason worse than a rock and have no understanding of the law. I am not sure why people keep wrestling with you; you'd think they would figure out the pig likes the mud and they only get dirty.

Oddly enough, the judge in this case seems to have the same flaws you see in me.  Since the crook pleaded guilty, I guess we will never know who was right.