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They can't be charged with contempt over that. Compelling them to do so is forcing them to self-incriminate themselves. Self incrimination protections are ther
by chris_wot 11y ago
They can't be charged with contempt over that. Compelling them to do so is forcing them to self-incriminate themselves.
Self incrimination protections are there for a good reason. If the person is on trial, then they haven't pleaded guilty - they say they haven't done what they are accused of. If they are in fact innocent, if the court decided to enforce them into provide this information and jailed them for contempt, it would literally be indefinite because they are innocent and cannot provide information on what they don't know!
I guess that's why a key or fingerprint is allowed - it is definitely something that can be used one way or the other. If they key doesn't work, it doesn't work. Same with a fingerprint.
But a passcode - it is not definitive. The defendant may say they don't know it as someone changed it on them. They then type in a wrong code: how are you going to disprove that?