Comment by awesome_dude
18 hours ago
> I don’t have a problem with refusal to e.g. turn over evidence just resulting in detention until you comply. It’s not a prison sentence, since you can get out any time you want.
It is if you don't have the item(s) or knowledge being asked for.
> Thompson was held in contempt for refusing to answer questions about the location of about 500 missing gold coins
You can claim “I forgot” in response to questioning, and the judge will decide on the balance of evidence whether you appear to be telling the truth. Contra the panicky memes about contempt of court, people aren’t indefinitely detained because they forgot something. But that’s clearly not what happened here.
> the judge will decide on the balance of evidence whether you appear to be telling the truth
Hmm, not sure if that's adequate, civil court is usually balance, and that's because it doesn't deprive someone of their liberty. Criminal court is beyond a reasonable doubt, because of the seriousness of the consequences
It's entirely conceivable that he stashed the gold, it was subsequently discovered and stolen by somebody else (any of his relatives might have been in a position to do this, if for instance he stashed it in his home and they had reason to suspect he had done so.) Then, not knowing that the gold is gone he admits that he had it and agrees to turn it over, only to then discover that he cannot. What then is he meant to do?
The "balance of evidence" may say that he once had it, since he did seem to admit it when he agreed to turn it over, but what then? What evidence is there that he's now lying?
The order was not that he had to produce the coins, just that he cooperate in tracking them down. Telling them where he had stashed it would have been fine.
Dude I've forgotten computer passwords I've used 4-5 days a week for years; one day it was just gone.
>"the balance of evidence "
Do not make me laugh. What evidence? Persons can and do forget most obvious things.
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