Tag Archives: Crime

Why do criminal defendants get to plead the Fifth?

Put differently, if you could turn back the clock or re-write the Fifth Amendment to the US Constitution, would you take out the right against self-incrimination? If you care about truth, or about the victims of crime, the answer has … Continue reading

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Should “revenge porn” be a crime or a tort?

Or neither? The State of California recently created a new misdemeanor offense–that of posting identifiable nude photographs of another person online without his or her permission, but only when such public postings are done with the intent to cause emotional distress or … Continue reading

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