As reported in the New York Times, the judge overseeing the military tribunal of Khalid Shaikh Mohammed and the four other suspects believed to have designed and organized the September 11 attacks has set a trial date of January 2021. Although there have been numerous court hearings for these five suspects since they arrived at… Continue reading A Trial Date Set for September 11 Planners But No Justice in Sight
Contributing Editor: Cody ZaneThe Fifth Amendment of the United States Constitution protects individual criminal defendants against self-incrimination. However, as the world continues to develop at such a rapid pace and technology becomes synonymous with everyday life, Fifth Amendment protections become clouded. In 2014, the Massachusetts Supreme Judicial Court (“SJC”), in Commonwealth v. Galfgatt, significantly reduced Fifth Amendments protections by failing to extend these rights to the defendant, who was compelled to produce decryption keys encrypting mortgage schemes. Specifically, the SJC lowered the evidentiary burden of reasonable particularity in its forgone conclusion analysis. Additionally, the SJC failed to apply Article 12 of the Massachusetts constitution in its analysis.
Contributing Editor: Eric Gillespie