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Comment: The Value of the Individual (Score 1) 767

by MarkvW (#43940377) Attached to: Seeking Fifth Amendment Defenders

I'm sitting behind glass feeding questions to the cops. The scared suspect is literally pissing himself. After they clean that up, they get back to the questions. He doesn't have a lawyer, so we can ask him all the questions that we like. And, believe me, his answers will be used against him.

We then ask him a few open-ended questions whether or not he has any more information about the time, place, and people in question.

By the time the interrogation is over (and it takes a while), I've locked the little weasel in so well that he has no wiggle-room at all with his story.

I then apply the same treatment to all of the other people implicated by my defendant. (And all those inconsistent statements!!! I get a lot of obstruction of justice prosecutions out of them!!).

Once I have all the evidence that I need, I charge up my little weasel. He's number one on my witness list (since the Fifth Amendment doesn't apply). Since I now know exactly what his story is, I can lead him around by the nose in front of the jury. He'd better not deviate from what he said before because . . . (you got it), he'll get charged with making a false statement or perjury! He's petrified in front of the jury, so I can take real good advantage of that, too!

After riddling his statements with all my evidence, I rest my case.

. . . . That scenario happens about once a year. I scare the living crap out of defendants. They don't want to sit helplessly on the stand while I dissect them like a frog on paraffin.

I get WAY, WAY better plea bargains now!!! I'm getting such monster sentences that the legislature has reduced the punishment for a lot of crimes.

They don't call it the SIMPLE, CRUEL, EXPEDIENT for nothing!

Sincerely,

Fifth Amendment Free Prosecutor

Comment: Re:Here's his best defense.. (Score 1) 802

by MarkvW (#43857603) Attached to: Judge Orders Child Porn Suspect To Decrypt His Hard Drives

The point is a little more subtle. The judge is considering whether or not to order the person to give up his key. The judge is only making that decision because he has concluded that providing the key would not be incriminating. BUT--if the key itself were contraband, then producing that key would most definitely be incriminating--and would most definitely implicate the fifth amendment.

I think that such an argument could be a fundamental winner before the Court of Appeals or the Supreme Court.

Comment: Re:Here's his best defense.. (Score 1) 802

by MarkvW (#43855543) Attached to: Judge Orders Child Porn Suspect To Decrypt His Hard Drives

You make a very interesting point.

But he might be able to say: "Without stating whether or not I ever knew the encryption code, I do not know the encryption code at this time."

The Court can't make him say whether or not he ever knew the encryption code.

Another interesting idea: What if the encryption code was an obscene GIF?

   

Comment: Re:lulzsec is not the good guys (Score 1) 192

by MarkvW (#43845901) Attached to: Jeremy Hammond of LulzSec Pleads Guilty To Stratfor Attack

Big fucking deal. You burglarize a marijuana grow house, and you get prosecuted for burglary. Everybody who is not a criminal is happy.

It's a 'two-fer.'

Hammond stole from some extremely vile scumbags. They lose their reputation. Hammond goes to jail.

It's a "two-fer."

Two for the price of one.

Comment: I think this is a fair resolution. (Score 1) 192

by MarkvW (#43844205) Attached to: Jeremy Hammond of LulzSec Pleads Guilty To Stratfor Attack

Taking Hammond's crime, his criminal history, his messed-up psychology, and the altruistic component of his motivation all into account. . . this looks like a fair resolution to me.

I hope Hammond learns his lesson THIS time. I feel sorry for him, he's really smart and really a moron at the same time. He could to a lot working within the law.

Feds could've ripped his guts out. Maybe THIS federal prosecutor thinks a little more about justice and a little bit less about winning.

Comment: The Takings Clause and the Police Power Clause (Score 1) 121

The government can't take property (including intellectual property) pursuant to the TAKINGS clause of the US Constitution without paying just compensation.

The government can take property (including intellectual property) pursuant to the POLICE POWER clause of the US Constitution without paying just compensation.

If the public need for an antivirus is strong enough, I say pass police power legislation relating to the public health that frees up the scientific field of research.

If pharmaceutical companies are going to behave like pigs at the trough, then screw them.

What the world *really* needs is a good Automatic Bicycle Sharpener.

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