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"it may harm your defence if you do not mention when questioned something which you later rely on in court" "In every other country (UK), it’s up to the trial
by opaque 9y ago
"it may harm your defence if you do not mention when questioned something which you later rely on in court"
"In every other country (UK), it’s up to the trial judge to decide whether police misconduct has risen to the level of requiring the exclusion of evidence."
I would regard these as features rather than bugs.
- marcoperaza 9y agoAs a layman, you do not have the training to reliably talk to police in a way that best protects your interests. The absolute right to remain silent means that you never have to weigh the need to speak immediately against having the benefit of an attorney's advice.
- opaque 9y agoWell if you explain that (very reasonable argument) to the jury at your trial I'm sure they'll be understanding. In practice it would be interesting to know how many suspects are formally interviewed before a lawyer is present. Anecdotally I would think it's low, but I don't know.
- marcoperaza 9y agoI'd be shocked if police don't try to question every single arrested person before they've spoken to a lawyer. It is the best chance the police have to conduct an effective interrogation. You'd be surprised at the number of people who talk their way into prison. There's a reason why the most important legal advice is "ask for a lawyer and shut up".
- 4gtpw9eml 9y agoScotland, part of the UK, complete right to silence and police aren't allowed to interview you without a solicitor (lawyer) present; unless you specifically decline one. Overall though the UK is better than the US. You only have to watch a couple of episodes of John Oliver to know that!