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It’s an interesting end-run around the fifth amendment. What if we passed a law that all criminals are required to keep a logbook of their crimes? Police can’t
by fshbbdssbbgdd 6y ago
It’s an interesting end-run around the fifth amendment. What if we passed a law that all criminals are required to keep a logbook of their crimes? Police can’t compel production of the logbook, but it can be used as evidence if found during a lawful search. Any crimes in the logbook will be prosecuted, as will the provable omission of any crimes.
- masklinn 6y ago> It’s an interesting end-run around the fifth amendment. It isn't though. The fifth does not cover the production of incriminating documents (under a subpoena), to say nothing of the document being acquired through other means, except in the case where the production of the document is in and of itself (independent of the contents of the document) incriminating (the "Act of Production" Doctrine). > What if we passed a law that all criminals are required to keep a logbook of their crimes? That would be a breach of the fifth as it would legally require self-incrimination. And the only use would be additional charges: if you can't prove the initial crime you can't prove that there was a need for a logbook. So even beyond the fifth I don't think it would stand.
- fshbbdssbbgdd 6y agoIf it’s illegal to require authoring of this logbook, why is it legal to require authoring tax returns that contain records of illegal activity?