This is far far from decided or well settled. I can think of countless instances where it is likely false.
This is far far from decided or well settled. I can think of countless instances where it is likely false.
The really interesting legal question to me is as neuroscience advances, it is likely in the near future that scientists may be able recover one's key (or other relevant information regarding crime) through studying one's brain by imaging or the use of other sensors. Under current case law there is a really really good argument this would not be testimonial (i.e. it is similar to taking your fingerprints or blood), yet provides the same information they could obtain by compelling your testimony.
Does the 5th Amendment prohibit the government from scanning your brain to obtain information about a crime? I think there is a significant number of judges who would find under current law it does not.
[1] http://en.wikipedia.org/wiki/Key_disclosure_law#United_State...