Over the last several years, biometric authentication – the use of unique identification features on the human body to provide secure access to buildings and electronic devices – has become ubiquitous. If you own a smart phone, there's a very good chance you can unlock it using your fingerprint or a facial scan. This development raises … [Read more...]
Does the Fifth Amendment Protect Child Pornographers from Being Forced to Reveal Passwords?
Whether a criminal defendant charged with sharing child pornography on the Internet should be compelled to provide his encrypted passwords despite his Fifth Amendment privilege against self-incrimination is at the heart of a vexing and ambiguous case before the Pennsylvania Supreme Court. The case, Commonwealth v. Davis, addresses whether “the … [Read more...]
9th Circuit Rules – No Routine Shackling of Defendants
On May 31, 2017, the United States Court of Appeals for the Ninth Circuit ruled that routine shackling of pre-trial detainees is a violation of the Fifth Amendment. The ruling does not mean that prisoners cannot be shackled in the courtroom, but that the decision must be made on a case-by-case basis, “Before a presumptively innocent defendant may … [Read more...]
