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It's worth noting that outside the US, things are different. Here in Australia, you can't have 'not talking to the police' held against you... unless you were a
by vacri 10y ago
It's worth noting that outside the US, things are different. Here in Australia, you can't have 'not talking to the police' held against you... unless you were already talking to the police and shut up when they started asking questions. If you were being friendly and shooting the breeze with them, then they starting questions and you shut up, that change in manner can be held against you, for example.
If you're not in the US, it's worth checking out what your own local jurisdiction expects - all the items in the Don't Talk to the Police video still stand (because they're about human psychology, not points of law), so it's worth knowing how much you can just shut up around police.
- kevin_b_er 10y agoUnless you're in New South Wales. I suggest you look up the Evidence Amendment Act of 2013. There your silence to any question may be used against you, so long as the question(s) you were silent about are any part of your defense.
- vacri 10y agoFair point. The person who told me the above had just graduated from a Victorian law school. In any case, it's worth checking out how things are wherever you live :)
- angry_octet 10y agoIt was imported from the UK legal system in an ill considered way. It is rather nuanced though. Ironically it has led to solicitors choosing not to attend interviews to avoid the possibility of the special caution requirement occurring. https://www.judcom.nsw.gov.au/publications/benchbks/criminal/special_bulletin_31.html https://www.judcom.nsw.gov.au/publications/benchbks/criminal... http://www.sydneycriminallawyers.com.au/blog/police-want-further-dilution-of-right-to-silence/ http://www.sydneycriminallawyers.com.au/blog/police-want-fur... http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/burn-movie/police-interviews http://www.legalaid.nsw.gov.au/publications/factsheets-and-r...
- maxlybbert 10y agoIn the US, the Bill of Rights gives an absolute right to remain silent; but, like other rights, you can waive it. The courts' idea of "voluntarily waived the right" doesn't match what many people expect ( http://criminal.findlaw.com/criminal-rights/waiving-miranda-rights.html http://criminal.findlaw.com/criminal-rights/waiving-miranda-... , "implied waiver"). And, for an "absolute right," there are a surprising number of exceptions.
- fjdlwlv 10y agoYour example applies almost exactly in US law too