Tag Archives: Fifth Amendment


Posted 10 months ago in Criminal Law Government Your Personal Rights by Betsy Kim  
Should Feds Freeze Defendants’ Pre-Trial Assets? [Poll]

After an indictment, federal law allows a district court to freeze criminal defendants’ assets that would be subject to forfeiture upon conviction. But defendants sometimes need those assets to hire their chosen counsel. Should defendants have a right to a hearing to challenge the charges and forfeiture before the trial? Otherwise, does such freezing of assets violate the defendants’ Sixth Amendment right to counsel and Fifth Amendment right against governmental taking of property without due process? On Wednesday, the U.S. …

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Posted 1 year ago in Crime by Aaron Kase  
Could Casey Anthony Be Tried Again for Murder?

Casey Anthony should have been convicted of murder, her trial judge said this week. Anthony was acquitted in 2011 for the killing of her 2-year-old daughter, Caylee. Caylee’s corpse was found in a trash bag in the woods with duct tape on her head months after she went missing in 2008. After a series of denials including blaming the baby’s disappearance on her nanny, Anthony asserted a defense that Caylee had drowned in a swimming pool, and her dad disposed …

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Posted 2 years ago in Criminal Law by Keith Ecker  
Can a Court Force You to Decrypt Your Hard Drive?

Advances in technology may be compromising your constitutional rights, particularly your right to avoid incriminating yourself in the course of a criminal trial. If you have encrypted files on your computer, a court may be able to force you to decrypt them so that your personal information can be entered as evidence against you. Legal experts believe this critical issue regarding the Fifth Amendment, which protects criminal defendants from self-incrimination, will ultimately be decided by the Supreme Court. A couple …

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Posted 3 years ago in Consumer Law Criminal Law Personal & Home Safety by Keith Ecker  
Peeping Landlord Attempts to Withhold Hidden Camera Evidence

Earlier this year, two women students were eager to leave Bulgaria for the summer and visit the U.S. They went through an agency to find employment and obtain the proper work visas. Meanwhile, a cafe operator in Tampa, Fla. was in search of new staff. He took the unorthodox approach of contacting the two women – Ralitsa Dzhambazova and Vanya Samokovareva – through Skype and Facebook prior to employing them at his eatery and providing them with an apartment. By …

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