On 22-3-2009 20:10, Mike Hough wrote:
>> Or, alternately, they can ask you to reveal it if they promise not to 
>> prosecute you for it. So they can ask the accountant to disclose the 
>> password to the accounting files and promise not to prosecute the 
>> accountant, but then use the information to prosecute the boss, for 
>> example.
> 
> Even in this case they are cutting a deal. Under no circumstances are you 
> compelled to provide information that could incriminate yourself. They may 
> promise not to prosecute but your ultimate dicision to waive your fifth 
> amendment rights depends on whether or not you believe they have evidence to 
> convict you.
> 
> However, if you give a statement under oath and they can prove that 
> statement is false they can get you for purjury. Also, any statement you 
> give can be used in court to prosecute you even if you are guilty of 
> nothing. That is why if they ask you for the password and you say nothing 
> they will have no evidence to prosecute. If they ask for the password and 
> you say you don't know what it is and they can prove you knew what it is, 
> they can use that in court as evidence of guilt.
> 
> I think this guy does a great job of explaining the fifth amenment
> 
> http://video.google.com/videoplay?docid=-4097602514885833865 
> 
You may be right that it explains the fifth amendment, but to me as a 
foreigner it mainly emphasizes the idea that the US criminal system is 
too easy to misuse to get innocent people convicted. I think I prefer 
our system without a jury (and the somewhat related plea bargaining, 
something that is often quoted as a reason why you can not extradite a 
person to the US, because there is no guarantee that they will get a 
fair trial).
I have to admit that I don't know exactly how the system here works, 
what they tell you, what they record and to what extend a police officer 
may lie or withhold information, but as far as I know there are not many 
reasons for an average person to have to know that before being the 
subject of an investigation. I may be wrong (but don't extrapolate any 
US experience to assume I am).

I am also not completely sure that in the Netherlands you can prosecute 
a suspect for perjury. I vaguely remember that you can not even ask a 
first degree family member questions that may result in a conviction. 
yet, IANAL.

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