That kind of ties in to my understanding of what one should do actually - if arrested ask for a lawyer, and then wait until one arrives.
Either way, the basic thrust still seems to be clear. Don't start talking if the police turn up on your doorstep. I was told by someone else a while ago that that's what policemen tell their children to do as well.
That is a viewpoint, just do not be surprised if you are innocent, have an innocent explanation and still get charged and spend months awaiting trial when a reasonable excuse would have gotten the charge dropped before first appearance. As a prosecutor, no comment always makes me suspicious and gives me no reason not to believe the story put forward by the other witnesses.
But every single defender ever seems to say that if the police turn up on your door, there is no such thing as an innocent explanation. Whatever you say can be taken badly.
It really depends on what other evidence teh police have. On the whole, I would say that the police are usually looking for a reason not to arrest you because that is easier for them, particularly when it is one person's word against another but if you are uncooperative, they will assume that you have something to hide. Generally, as a rule, I would say that if you are innocent, you should talk - if you are guilty, stay quiet.
Well, I'm sure that makes us all feel safer about the police.
a) If you say anything, they'll try to hang you with it because they're inclined to extract dubious confessions either through overzealousness or ineptitude. As per that video, we have some fairly solid backing from respectable legal professionals for that standpoint.
b) If you don't say anything, they'll decide that you clearly have something to hide and will put you on trial after months of anxiety (and possibly prison time), because, in their institutional blindness and arrogance, they can't understand why point a) would make innocent suspects inclined to distrust them. We have a professional prosecutor's word that this is the case (Maxim works in the UK, at a guess? Even so, I suspect it applies in the US as well).
I really do hope, despite the evidence, that one of these standpoints is fundamentally misinformed. Otherwise it appears that, if the US police take any interest in you, you're just plain screwed, and that your chances aren't that much better in the UK.
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no subject
Date: 2012-01-29 05:46 pm (UTC)http://andrewducker.livejournal.com/2641320.html
no subject
Date: 2012-01-29 06:21 pm (UTC)Either way, the basic thrust still seems to be clear. Don't start talking if the police turn up on your doorstep. I was told by someone else a while ago that that's what policemen tell their children to do as well.
no subject
Date: 2012-01-30 12:33 am (UTC)no subject
Date: 2012-01-30 12:36 am (UTC)no subject
Date: 2012-01-30 12:57 am (UTC)Generally, as a rule, I would say that if you are innocent, you should talk - if you are guilty, stay quiet.
no subject
Date: 2012-01-30 02:48 am (UTC)a) If you say anything, they'll try to hang you with it because they're inclined to extract dubious confessions either through overzealousness or ineptitude. As per that video, we have some fairly solid backing from respectable legal professionals for that standpoint.
b) If you don't say anything, they'll decide that you clearly have something to hide and will put you on trial after months of anxiety (and possibly prison time), because, in their institutional blindness and arrogance, they can't understand why point a) would make innocent suspects inclined to distrust them. We have a professional prosecutor's word that this is the case (Maxim works in the UK, at a guess? Even so, I suspect it applies in the US as well).
I really do hope, despite the evidence, that one of these standpoints is fundamentally misinformed. Otherwise it appears that, if the US police take any interest in you, you're just plain screwed, and that your chances aren't that much better in the UK.