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Wedding Photographer Spent a Year in Jail After Pleading the Fifth

petapixel.com

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Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth

#31

Post by dgant »

simple-thoughts wrote: post #28
ethanbond wrote: post #20

Earlier quoted context omitted.

Good point! If you are under oath don’t give testimony that your average juror would take to be a willful and knowing lie.

Jurors by definition aren’t the brightest, since they don’t know how to get out of jury duty.

Some people are willing to serve without resistance because it needs doing. I am one of them.

Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth

#33

Post by imwillofficial »

singleshot_ wrote: post #4
imwillofficial wrote: post #2

This is a loop hole that is often exploited to punish people without the application of due process. Terrible.

When you say loophole, do you mean the fact you have no 5A right against self incrimination once you are grAnted immunity? Or something else?

I was talking about holding people in contempt and jailing them for long periods of time.

Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth

#34

Post by simple-thoughts »

dgant wrote: post #31
simple-thoughts wrote: post #28

Earlier quoted context omitted.

Jurors by definition aren’t the brightest, since they don’t know how to get out of jury duty.

Some people are willing to serve without resistance because it needs doing. I am one of them.

Me to, twice. Which is where my opinion of jurors was formed.

Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth

#35

Post by landemva »

simple-thoughts wrote: post #28
ethanbond wrote: post #20

Earlier quoted context omitted.

Good point! If you are under oath don’t give testimony that your average juror would take to be a willful and knowing lie.

Jurors by definition aren’t the brightest, since they don’t know how to get out of jury duty.

I try to get seated because jurors have the power to return not_guilty for any reason.

Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth

#36

Post by HWR_14 »

sinuhe69 wrote: post #22

If not the 5A, on what can one use to refuse to testify in court? The law can not compel you to help the government investigate somebody, right?

The standard other exemptions are doctor-patient, attorney-client, religious leader-religious person, and spousal confidentiality laws. Some, but not all, states also shield journalist's sources. In the last case, in states without a shield law, going to jail to protect a source's identity is considered a professional honor.

Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth

#37

Post by HWR_14 »

imwillofficial wrote: post #33
singleshot_ wrote: post #4

Earlier quoted context omitted.

When you say loophole, do you mean the fact you have no 5A right against self incrimination once you are grAnted immunity? Or something else?

I was talking about holding people in contempt and jailing them for long periods of time.

You can not be held in contempt for invoking your 5th amendment rights when they apply. That's one of the things the fifth amendment protects against.

Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth

#38

Post by more_corn »

ethanbond wrote: post #6

The guy happened to be a photographer, but his being subpoenaed and held in contempt had to do with him refusing to testify against his corrupt DEA brother. He “pled the Fifth” to avoid, in his own words, testifying against his brother, which is not what the 5th Amendment protects. His lawyer claimed he was pleading the 5th to prevent accidentally perjuring himself, but there’s no such thing as accidentally perjuring…

Wait, you’re saying incarceration someone for 18 months without charges or trial is somehow alright?

No. Not alright.

If you think it’s fine I encourage you to go through it. Oh you’re not interested in spending 18mo in jail? Then STFU.

Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth

#39

Post by cainxinth »

more_corn wrote: post #38
ethanbond wrote: post #6

The guy happened to be a photographer, but his being subpoenaed and held in contempt had to do with him refusing to testify against his corrupt DEA brother. He “pled the Fifth” to avoid, in his own words, testifying against his brother, which is not what the 5th Amendment protects. His lawyer claimed he was pleading the 5th to prevent accidentally perjuring himself, but there’s no such thing as accidentally perjuring…

Wait, you’re saying incarceration someone for 18 months without charges or trial is somehow alright? No. Not alright. If you think it’s fine I encourage you to go through it. Oh you’re not interested in spending 18mo in jail? Then STFU.

So, what then? Allow people to be in contempt of court with complete impunity?

Re: Wedding Photographer Spent a Year in Jail After Pleading the Fifth

#40

Post by ethanbond »

more_corn wrote: post #38
ethanbond wrote: post #6

The guy happened to be a photographer, but his being subpoenaed and held in contempt had to do with him refusing to testify against his corrupt DEA brother. He “pled the Fifth” to avoid, in his own words, testifying against his brother, which is not what the 5th Amendment protects. His lawyer claimed he was pleading the 5th to prevent accidentally perjuring himself, but there’s no such thing as accidentally perjuring…

Wait, you’re saying incarceration someone for 18 months without charges or trial is somehow alright? No. Not alright. If you think it’s fine I encourage you to go through it. Oh you’re not interested in spending 18mo in jail? Then STFU.

Yes I do think that we (society writ large, acting through the mechanism known as “a democratically elected government”) should be able to compel people to face our justice system.

It’s all part of due process.

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