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150 Comments
- inactive, on 10/12/2007, -5/+93"it was the only real thing i learnt in high school..."
No kidding? - scottylist, on 10/12/2007, -1/+85"It should be noted here that if, at any point during the interrogation, the suspect does somehow manage to ask for a lawyer or invoke his right to silence, the interrogation has to stop immediately. That's why it's so important to interrupt the suspect's attempts to speak in the initial stages -- if he invokes his rights, the interrogation is over."
- inactive, on 10/12/2007, -5/+76And once he finally confessed, they pulled the hot curling-iron out of his butthole...
- leontes, on 10/12/2007, -0/+64Reminds me of Pempleton and Bayliss in the interrogation room. Genius to watch.
Seriously people, even if you are not guilty of anything, Just ask for a lawyer. Always. - HUKI365, on 10/12/2007, -1/+52Exactly. Never answer any question - no matter how inoccuous without a legal representative or family friends. Even if your lawyer can't arrive in a "reasonable time" at least get someone else there.
And don't just say "Get me a lawyer" - in Australia that won't work, the Police won't appoint a lawyer to a case. You have to know the lawyer's name (or at least the firm).
- Law Student - xtmno3, on 10/12/2007, -2/+48@cuposmuck:
What the hell did you attempt to say there? You have one sentence in your entire paragraph rant about something (I am not sure what). Please use some form of grammar so you can actually convey the thought you were shooting for. - starguy, on 10/12/2007, -5/+51If you have never been in trouble with the law, which is probably most people, or been in their crosshairs, you need doubly listen up and re-read this entire thread over and over again. You are the ripest easiest target for the police because of your inexperience. Pounding this one idea into your head will save you thousands and thousands of dollars in the future and very possibly be the only thing standing between your life as you know it, and the abyss of hell being locked in a concrete box for the rest of your life.
The folks who say the only thing you have to say to police is "I want my (or a) lawyer", over and over again, are dead on. Get it into your head, the police are not your friend. Pound it into your head. Say absolutely nothing else. Those are the only 4 words you should ever say to the police, and only after they arrest you. If they haven't arrested you, don't say a damn thing to them, not even that, because it implies you feel threatened and need a lawyer. "Sorry, I can't help you." That should cover it.
If you are saying anything else, even if you are innocent, even if you are just trying to help, even if you are trying to help them catch some other bad guys because you are witness to a crime... don't say anything... you damn very well could find yourself with a 20 year prison sentence. Even if you never confess to a crime, and adamantly state to the contrary, they will be putting together little statements taken out of context they can use to paint you in court as guilty, lacking anything else.
Never cooperate with police. Never voluntarily interview them. Never try to help them figure out what's going on. Never talk to them. The police are not your friend. The police are out there cruising the streets and hanging on the end of their 911 number and on the end of their radios, looking for a situation to exploit so they can make some bucks and prop up their system. They are trained in pyschological warfare. They will try the good cop routine on you first, pretend to be your friend, and most people will run on at the mouth and blabber like an idiot, because its in human nature to be helpful, or to be fearful of police brutality.
Learn from me. I was such a fool. I tried to be helpful, I cooperated fully, I tried to help them, in fact, I even drove three times to talk to them! The police officier I talked to was very slick at pretending to be my friend, in fact, she testified on the stand that was what she was trained to do. As far as I'm concerned, that's just another form of lying. She didn't need a second "bad cop", she would turn it around all of a sudden and say she didn't believe a word of what I said, and try and put me on the spot to prove I was innoncent. Which is crazy. You shouldn't have to prove you are innocent. And you don't. You will when you are in court, though, because juries are so messed up and wrongly assume you wouldn't be in front of a jury if you weren't guilty. This system has had hundreds of years refining its craft at painting people out to be the devil themselves since the times of the witch burnings in the 1600's, which is where this "whole business of judging people for profit" really took off.
Why do the police want to put innocent people in jail? They are out to make a buck. Its totally irrelevant to them if you are innnocent or guilty. Every person they put in county jail or prison, earns them for every year, anywhere from $30,000 to $50,000 a person / a year. That is a ***** load of money, my friends, and greed does horrible things to people. Judges in the US have gone psycho, with mandatory minimum sentences. The way the judge sees it, if he puts someone in prison 2 years, he'll make his system $50,000... if he gives them 10, that's $300,000. The money all trickles down in a very big way in the form of salaries. Fat salaries for judges, for cops, salaries of the chain for lawyers, and everyone else involved in this judicial and prison complex operation. This are why prisons are busting at the seams, keeping them running at over capacity. Ungodly sentences.
I would say about 1/3 of the people in prison could be let out today and the world wouldn't be one bit more dangerous. Another 1/3 could be let out and would do just fine if they were given jobs when they got out. And the last 1/3, should stay put because they are hardcore criminals and need serious amounts of therapy. Most people think everyone in prison is that last 1/3, and they are not. They are the ones, however, that make prison a dangerous place to be, and which the criminal justice system holds up to the light to show society to say "look, you need us, these psychos justify our existance and why you have to pay us gobs of money to protect you from them." Its a protection racket just like the mafia runs. Only they don't protect you from anything. They only come in and clean up after the mess, after a crime, to turn a profit off of it. - alive1, on 10/12/2007, -0/+45Also, if they ask you ANYTHING you just say "I want a lawyer". They will talk to you and make you feel dumb, to get a reaction. They'll say ***** like "What, are you an idiot? Can't you say anything else?" They'll embarrass you and make you feel stupid.
The only right response to that? "I want a lawyer".
Don't modify that. Don't say anything else. Don't get angry. Don't get sad. Just repeat that answer to every question they give you.
"I want a lawyer". - bitt3n, on 10/12/2007, -2/+42hopefully you also learned a trade, like basket weaving or how to build bird houses, otherwise you're in for a rough life.
- benitojuarez, on 10/12/2007, -0/+39I am not a law student, but yes getting a second person there, any person you trust asap is paramount. unfortunately ive been arrested twice, Ive never had good cop bad cop played on me but the Maximization ( they lay out the absolute worse possible things that could happen) was used multiple times on me both times I was in a holding cell at the local station. Having moral support is key. Especially if you are innocent.
And remember, everyone at shawshank is innocent. What are you in for? Didnt do it. - muvment256, on 10/12/2007, -0/+37"Also, if they ask you ANYTHING you just say "I want a lawyer". They will talk to you and make you feel dumb, to get a reaction. They'll say ***** like "What, are you an idiot? Can't you say anything else?" They'll embarrass you and make you feel stupid.
The only right response to that? "I want a lawyer".
Don't modify that. Don't say anything else. Don't get angry. Don't get sad. Just repeat that answer to every question they give you.
"I want a lawyer"."
Incorrect. If you exercise you right to be interrogated only with legal counsel, thats it. They are not allowed to say anything else that will be "likely to elicit an incriminating reponse" or that they know or should should have known is "likely to elicit an incriminating response". The same goes for your right to remain silent.
The only things they are able to say to you or questions they can ask you are those required for booking procedures. The same works for any actions they may take. Now, you have to be mindful that they won't try to get around this rule. One method is to have you present while two cops talk to each other. Technically, they're not talking to you, so if you respond, your words will be admitted into the record.
In conclusion, if your freedom is being impeded by a law enforcement officer. First ask "am i free to leave?" If the answer is No, then you are in custody. At this point, excercise your 5th and 6th amendment rights. Don't say anything. You may think that you can talk your way out of it. You're wrong. Opening your mouth will be your biggest regret. The moment you are under arrest, you should shut up and begin preparations for the trial. - Patmos, on 10/12/2007, -5/+40Miranda v. Arizona = Miranda Wins.
Miranda v. Jack Bauer = Bauer Wins. - Yez70, on 10/12/2007, -4/+3590% of what Jack Bauer does is also illegal - that's why it's good TV.
- SchnellFowVay, on 10/12/2007, -1/+32@Scottylist - "It should be noted here that if, at any point during the interrogation, the suspect does somehow manage to ask for a lawyer or invoke his right to silence, the interrogation has to stop immediately. That's why it's so important to interrupt the suspect's attempts to speak in the initial stages -- if he invokes his rights, the interrogation is over."
Actually, in the USA this is not true (At least not in all states). It is important to know how it works. As long as you are never forced (i.e. coerced) to make a self-incriminating statement, the interrogation passes 5th Amendment constitutional muster. My point is that just because you walked into an interrogation room and invoke the 5th Amendment right to silence, the cops don't immediately have to stop questioning you. They can ask you again and again (as long as it doesn't rise to the level of coerscion), but, again and again you can refuse to answer. Some STATES have laws that cops must stop interrogating when the 5th is invoked, but for the most part, cops can and usually will ask you the same question again and again and again. IT is YOUR responsibility to stick to your guns.
Also know that if you invoke the 5th Amendment right, but then later incriminate yourself, you have waived your fifth amendment right. This is important to know because some people under the stress of interrogation will invoke the fifth on a direct question, but then later incriminate themselves on an indirect question. It doesn't matter that you invoked the fifth beforehand - you've now waived it. The moral of the story here is to SHUT UP until an attorney arrives. It doesn't matter if your innocent as innocent can be - SHUT UP until an attorney arrives.
The same goes for the 6th Amendment right to counsel. They can keep questioning you after you demand an attorney all they want (unless there is a state law in place), but none of it will be admissible in court. This is why it's ESSENTIAL to be COMPLETELY honest with your attorney as to WHEN you requested an attorney and specifically what bits of information you told the police AFTER you requested an attorney.
If you are EVER brought in for an serious interrogation, you sit at the table and calmly, NICELY, state "I would be more than happy to cooperate as soon as my attorney is present." Don't nod, don't answer any yes/no questions. SHUT UP until your attorney arrives. - inactive, on 10/12/2007, -4/+34"beating suspects to death to get confessions"
seems like he deserved to get blown away.... - Gatesophile, on 10/12/2007, -4/+34your dad did a lot of stuff, didn't he?
knows Linus Torvalds and coded with him, was a cop... gee, is he going to be a superhero next story? - ninephoenixes, on 10/12/2007, -1/+27Yeah, asking for a lawyer after being caught running a red light would be totally worth it.
- sishgupta, on 10/12/2007, -2/+28Good men don't beat confessions out of people.
Like the article says, it is against the law...and that makes your pop a hypocrite also.
A confession under duress might as well not be a confession and is proof of guilty until proven innocent in the American justice system. - coditza, on 10/12/2007, -2/+27@Gatesophile: was a cop, that run a store and in the free time he was codding drivers for linux. He was known as Roger Ramjet. Believe me, I saw how he got shot, then stand erected as a p...olice man, rebooted his computer and died because of the small kryptonite rock that was under the counter. Oh, also he sued archive.com before he passed away.
- inactive, on 10/12/2007, -2/+25That's funny, MY dad used to say "You have nothing to fear unless you're a robot or that ***** that keeps stealing my foreskin collection -- I'm gonna get that turtleneck wearing bastard and feed him to the goddamn robots!" Some people called him crazy but they were just under the spell of the robots that control our urination cycles.
- benijuana, on 10/12/2007, -0/+21read David Simon's (creator of The Wire) book Homicide. He followed around a Baltimore homicide unit for a year in the very early 90's, when crime was at a peak, and he has a very informative chapter all about police interrogations. I have not checked but I would not be surprised if the book was a source for this article, if not directly cited, I'm sure gathered facts from Simon's insight.
- brewster13, on 10/12/2007, -2/+23ALSO: If you are pulled over by a cop and they ask you "is there any reason why I shouldn't search your car?" say "yes, there is, it is called our constitutional right to unreasonable search and seizure". Do not let them voluntarily search your car, ever! If they are asking you, they do not have probable cause and they cannot do anything to you for not giving them permission. If they do have probable cause, they will arrest you and then search your car, but do not give them permission. They will intimidate you and they are trained to psychologically dominate you. Do not ever give them your permission to search. They will have to arrest you in order to do a search, and if they are asking they do not have the evidence to arrest you.
- DeskFlyer, on 10/12/2007, -2/+22Just tell the cop that you will fight in the shade.
- BobTurtle, on 10/12/2007, -0/+20The yellow info box on the bottom of page 3 of the article offers the best advice for handling an interrogation...
Taken from freeBEAGLES' recommendations for animal rights' activists (and others) on how to make it through a police interrogation without incriminating themselves or their peers:
1. Remain silent.
2. Remain silent.
3. Imagine the words "I invoke my right to remain silent" painted on the wall, and stare at them throughout the interrogation.
4. Momentarily break your silence to ask for counsel.
5. Cultivate hatred for your interrogator so you don't fall into his traps and start talking.
Awesome Digg by the way, it's been far too long since I've visited howstuffworks. - hockey, on 10/12/2007, -1/+21We don't hate police. We hate corrupt police and corrupt tactics.
To say that there are no honest hard working police officers is absurd. - SchnellFowVay, on 10/12/2007, -0/+20@inbred
None. I'm a law student working toward a JD/MBA. I took both Criminal Law and Criminal Procedure last year. Though useless unless you intend to become a criminal lawyer (which I don't), they are very interesting when it comes to things like interrogations. - Regulator980, on 10/12/2007, -1/+21"even to ask if you want a cup of coffee, they are violating your constitutional rights and the case against you will be dismissed."
I doubt you could use this to get away with murder. - inactive, on 10/12/2007, -1/+20@cuposmuck
How often has GWB interrogated you? Do you try to insert GWB into every conversation whether relevant or not? - inactive, on 10/12/2007, -1/+20Having worked for his dad, I get a kick out of all your comments.
- williamdyer, on 10/12/2007, -1/+19The FIRST words out of your mouth should be "Not without my lawyer's advice, sir."
- Arkonnan, on 10/12/2007, -2/+18A stun gun to the crotch always works when I need answers.
- benijuana, on 10/12/2007, -0/+16it really is. One of the most amazing tricks of interrogation is the art of delaying the "I want a lawyer". Also, when you do say it, you have to say specifically "want" or "request". If you say "I think I should get a lawyer" which is a more natural and common way of requesting it, that's not technical enough for a court. A cop will just turn it against you, making you even more uncomfortable as you think the police are becoming more fearsome and ignoring your request, when in reality you haven't technically requested one at all. It really is brilliant.
- donveto, on 10/12/2007, -1/+17Five Techniques of Surviving a Police Interrogation (Without Confessing)
Taken from freeBEAGLES' recommendations for animal rights' activists (and others) on how to make it through a police interrogation without incriminating themselves or their peers:
Remain silent.
Remain silent.
Imagine the words "I invoke my right to remain silent" painted on the wall, and stare at them throughout the interrogation.
Momentarily break your silence to ask for counsel.
Cultivate hatred for your interrogator so you don't fall into his traps and start talking. - aaronm67, on 10/12/2007, -2/+18Does anyone else find it ironic when people spell it "retarted"?
- simplenation, on 10/12/2007, -5/+21@gafasiesornivek
i dunno if you are trolling or just retarted, but you definitely cracked me up. thanks for the good laugh - Laiden, on 10/12/2007, -7/+22Pics or it didn't happen.
- elpepe, on 10/12/2007, -4/+19It consistently amazes me how many crimes are confessed to.
Diggers, please, IANAL, but if you are stopped by an officer for something as simple as speeding or arrested for something as serious as murder, do not ever, ever, ever say anything to him. You do not have to answer any questions whatsoever. This is such a simple concept yet people screw themselves over all the time. If you are ever arrested, your only words should be "I invoke my right to an attorney and will not talk to anyone else." That's it. If they don't stop talking to you at that point, even to ask if you want a cup of coffee, they are violating your constitutional rights and the case against you will be dismissed.
These 9-steps of interrogation can be rendered worthless and moot with those simple words. Scream them if you have to. Do not let the interrogator interrupt you. Do not engage in small talk with him. Remember, the cop is not your friend. It's his job to make a case against you, no matter if you are guilty or innocent. Do yourself a favor and keep your goddamn mouth shut. - Urusai, on 10/12/2007, -3/+16You are required to identify yourself. Try to be polite, too, the cop doesn't care about your rights or how you feel about the Constitution, but he does care about finding an excuse to beat you up because his wife left him and he doesn't have anyone else to beat up.
- leontes, on 10/12/2007, -0/+13Brilliant book. Some of that book can also be reflected in a few of episodes of the series Homicide. As a therapist in training, it remains interesting as we often do the oppisite of a lot of these techniques in order to help a person disclose truths that they have to face. Human nature is truly fascinating.
- spearce, on 10/12/2007, -0/+13When I was in the military you could order almost every manual in the military library to learn to improve your promotional status. I was very surprised to see that I could get the Military Police Field Manual on interrogation. I felt like I was braking the law just by reading it. Everything has a purpose in the interrogation process; from the way the room is set up to where people stand. It was very interesting to say the least.
- DrScott, on 10/12/2007, -4/+16Relax Eric, I'm just doing bad cop, good cop. That was the bad cop, he's gone now. I'm the good cop. Say there buddy, it looks like someone smashed your, uh, model there."
- inactive, on 10/12/2007, -5/+17Ever get clubbed then dragged to the station for some ***** you did not do?
Yeah, you will not be thinking clearly if it happens to you.
***** THE POLICE - Novagenesis, on 10/12/2007, -0/+11got a cousin "in the system" if you will. Found guilty on sketchy circumstances of a violent crime, with mitigating circumstances and near-lethal level of drugs self-induced in the "victim"'s system before she broke into his house and died struggling with him kept out of court on technicality, and his best character witness blocked by prosecution by quiet threats related to her alcoholism problem and driving. She "chose" not to show up to the trial.
He got 2nd degree murder for premeditation and limited evidence. He's had 20-30 public defense lawyers (they swap every 3 months) promise him a very EASY appeal due to fairly solid evidence that his struggling with her wasn't even the cause of death, but it never goes anywhere because before they file the appeal, they get reassigned.
I will not sacrifice the innocent to stop the guilty. - lanceb72, on 10/12/2007, -0/+12The interrogation technique used in most English speaking jurisdictions is commonly known as the Reid technique and is designed to extract confessions - not necessarily to get the truth. An officer involved in the investigation has no doubt that you have committed the crime once you are at the point of interrogation and the confession is precisely what they want.
You can read a brief article on the Reid Technique on wikipedia: http://en.wikipedia.org/wiki/Reid_technique
As a testament to this techniques effectiveness, 27% of cases that were overturned by the innocence project during the first year involved false confessions. Before watching the Reid video and an accompanying report on a case involving false confessions I would have never believed this to be true. After all, who would confess to a crime if they did not commit it?
Read about the Innocence Project here: http://en.wikipedia.org/wiki/Innocence_Project
As outlined in the wikipedia article linked to above the Reid Technique steps are as follows:
* Step 1 - Tell the suspect that there is overwhelming evidence, even witnesses, of their guilt. This may be a lie to force the suspect towards confession.
* Step 2 - Try to shift the blame away from the suspect to some other person or set of circumstances that prompted the suspect to commit the crime. That is, develop themes containing reasons that will justify or excuse the crime. Themes may be developed or changed to find one to which the accused is most responsive.
* Step 3 - Never allow the suspect to deny guilt. Reid training video: "If you’ve let him talk and say the words ‘I didn’t do it’, and the more often a person says ‘I didn’t do it’, the more difficult it is to get a confession." Stopping them talking also stops them asking for a lawyer.
* Step 4 - At this point, the accused will often give a reason why he or she did not or could not commit the crime. Try to use this to move towards the confession.
* Step 5 - Reinforce sincerity to ensure that the suspect is receptive.
* Step 6 - The suspect will become quieter and listen. Move the theme discussion towards offering alternatives. If the suspect cries at this point, infer guilt.
* Step 7 - Pose the “alternative question”, giving two choices for what happened; one more socially acceptable than the other. The suspect is expected to choose the easier option but whichever alternative the suspect chooses, guilt is admitted.
* Step 8 - Lead the suspect to repeat the admission of guilt in front of witnesses.
* Step 9 - Document the suspect's admission and have them sign as a confession. - LogicBomB, on 10/12/2007, -3/+15@ cuposmuck - I'd believe it. You use "u" instead of "you" enough to prove it... Acronyms are GREAT, don't get me wrong but It's a TWO letter difference... It's not like "TFA" which summerizes 3 entire words or "RTFM" which does 4. You actually had to learn to type "u" instead of "you" which is the sad part of the whole thing.
- ray901, on 10/12/2007, -4/+16@elpepe
"....but if you are stopped by an officer for something as simple as speeding ..... do not ever, ever, ever say anything to him."
You know sometimes you have to stand up like a man and take what's comming to you. If you have been speeding take the fine, admit it. Denial and demanding an attorney for speeding (if you have been speeding) makes you a prick. - Arcesius, on 10/12/2007, -0/+11You could always just blame Khalid Sheikh Muhammad. Chances are he confessed to your crime, anyway.
- raccettura, on 10/12/2007, -1/+12Doesn't matter if someone committed the crime or not. If your a prosecutor, your record is simply a matter of how many convictions.
Just remember that. At the end of the day, that's all that matters for them. Even if 50% were due to manipulating evidence, or false confessions, the record is only based on 1 thing. - benitojuarez, on 10/12/2007, -0/+10stupid teenage ***** ive long since outgrown.
- inactive, on 10/12/2007, -1/+11@foxifiednutjob
Care to cite some sources for your "facts" other than the angry dwarf inside your head? -
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