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by jsprogrammer 3774 days ago
You claim there is no special allowance by the founders for an individual to conceal evidence.

Yet, the fifth amendment allows an individual to not be a witness against their self; if an individual is a witness to evidence against their self, they may conceal it, per the fifth amendment.

I said nothing of personal diaries or phones.
1 comments
tptacek 3773 days ago
The Fifth Amendment was intended to prevent torture and coerced confessions. It doesn't hide a general right to conceal evidence, which is itself a crime in many places in the US.
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jsprogrammer 3773 days ago
So, what do you do when the only valid evidence would be a confession, or other testimony that evidences the testifier's involvement in crime? As you said, the fifth amendment prohibits the use of violence in such cases.

I never argued for the existence of a 'general right to conceal evidence', only that, contrary to your very specific claim, the founders did allow for individuals to conceal evidence.

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tptacek 3773 days ago
If I understand what you're saying correctly, this happens all the time: for instance, it has happened every time an answering machine tape has been entered into evidence.
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jsprogrammer 3773 days ago
If I understand what you're saying correctly, this happens all the time: for instance, it has happened every time an answering machine tape has been entered into evidence.

No. An answering machine tape is not a person at criminal trial.

> nor shall be compelled in any criminal case to be a witness against himself

You are talking about physical evidence; an answering machine tape, presumably recording some prior conversation, is a physical artifact that already exists. In no way can you construe examining a pre-constructed physical artifact as compelling a criminal defendant to witness against their self [It would imply criminal defendant is somehow the physical artifact itself.].

If I am not mistaken, 'witness' refers to making real claims about events at trial. Making real claims that one performed criminal activities at trial can be construed as evidence. An individual may conceal that evidence by not revealing it, and I don't believe US law allows any way to reveal such evidence.

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