5 ms·

Such as?

by DenisM 7y ago

Such as?

chrisseaton 7y ago
Such as if you had an alibi that you try to use as a defence in court but you didn't mention it when questioned by Police in the first place. This can cast doubt on the alibi - presumably because people will think you made it up later and if it was true you should have been able to say so in the first place. > it may harm your defence if you do not mention when questioned something which you later rely on in court https://www.gov.uk/arrested-your-rights https://www.gov.uk/arrested-your-rights
- the_snooze 7y ago
  I think what everyone is getting at is that you should refuse any questioning at all, full stop.
  - chrisseaton 7y ago
    Yes I know - but the problem with that is that when you get to court and try to defend yourself, your defence will be weaker because you didn't answer questions at the time. It's bad advice.
    - the_snooze 7y ago
      No, your defense will be weaker if you talk because the prosecution will use your words against you. They're not going to give you virtue points for being kind to them and not bothering them with things like asserting your right to an attorney. That's not their job. That's exactly what defense attorneys and police themselves advise. https://www.vice.com/en_us/article/mvkgnp/law-professor-police-interrogation-law-constitution-survival https://www.vice.com/en_us/article/mvkgnp/law-professor-poli...
      - chrisseaton 7y ago
        Well the law in some jurisdictions says explicitly > it may harm your defence if you do not mention when questioned something which you later rely on in court As in the jury are allowed to take into account the fact that you did not reveal information at the first opportunity as a negative.
        deleted 7y ago
        [deleted]
        erispoe 7y ago
        That's something that your solicitor would know and advise on. There is still no reason to talk to the police without an attorney/solicitor present.
    - astura 7y ago
      Only if you aren't human. On the other hand... >You might make mistakes when explaining where you were at the time of a crime that the police interpret as lies; the officer talking to you could misremember what you say much later https://www.vice.com/en_us/article/mvkgnp/law-professor-police-interrogation-law-constitution-survival https://www.vice.com/en_us/article/mvkgnp/law-professor-poli...
- Retra 7y ago
  But if you do mention it and make any kind of error, that seems likely to be used against you as well.
- blck 7y ago
  Or it gives the cops time to poke holes in your alibi or otherwise intimidate your alibi if the cops are dead set on you being the guilty person. Better to tell a lawyer your alibi so he can collect the information first so that he’s not blindsided later. This is if you can afford a lawyer who can work with you quickly. If you’re poor and you think your alibi is strong enough to let you go immediately then it might be better.
- Nextgrid 7y ago
  To be fair, you are quoting an UK site where the at least a semblance of justice actually exists, unlike the US where “justice” is just a business.
  - dang 7y ago
    Please keep nationalistic flamebait far away from this site. https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html
    - Nextgrid 7y ago
      This wasn’t intended to be nationalistic, I was just sharing my thoughts on the US justice system which I believe is deeply flawed. I mentioned the UK because that’s what the parent comment linked to but it could’ve easily been another country (except the ones where the situation is even worse, which there aren’t too many of thankfully). Feel free to edit/delete my post if you think it will improve the overall discussion.
      - dang 7y ago
        I'm sure it wasn't your intent, but unfortunately most flamewars get started unintentionally. Think of this as fire safety.
- backpropaganda 7y ago
  What you're saying and what's in the link seems to be consistent with the advice of refusing to talk to the police at all, and not to talk partially or to answer some questions and not answer other questions, or answering but changing the statement later.
- DenisM 7y ago
  You should have mentioned that you're talking about the UK in your original statement. The fact that you did not may be used against you in the furtherance of this discussion. In the US we have the fifth amended, and it seems that [1] as long as it explicitly invokes the protection one would be safe from similar repercussions. https://www.nolo.com/legal-encyclopedia/when-how-invoke-your-right-silence.html https://www.nolo.com/legal-encyclopedia/when-how-invoke-your...

Such as?

by DenisM 7y ago

Such as?

Such as if you had an alibi that you try to use as a defence in court but you didn't mention it when questioned by Police in the first place. This can cast doubt on the alibi - presumably because people will think you made it up later and if it was true you should have been able to say so in the first place. > it may harm your defence if you do not mention when questioned something which you later rely on in court https://www.gov.uk/arrested-your-rights https://www.gov.uk/arrested-your-rights

the_snooze 7y ago
I think what everyone is getting at is that you should refuse any questioning at all, full stop.
- chrisseaton 7y ago
  Yes I know - but the problem with that is that when you get to court and try to defend yourself, your defence will be weaker because you didn't answer questions at the time. It's bad advice.
  - the_snooze 7y ago
    No, your defense will be weaker if you talk because the prosecution will use your words against you. They're not going to give you virtue points for being kind to them and not bothering them with things like asserting your right to an attorney. That's not their job. That's exactly what defense attorneys and police themselves advise. https://www.vice.com/en_us/article/mvkgnp/law-professor-police-interrogation-law-constitution-survival https://www.vice.com/en_us/article/mvkgnp/law-professor-poli...
    - chrisseaton 7y ago
      Well the law in some jurisdictions says explicitly > it may harm your defence if you do not mention when questioned something which you later rely on in court As in the jury are allowed to take into account the fact that you did not reveal information at the first opportunity as a negative.
      - deleted 7y ago
        [deleted]
      - erispoe 7y ago
        That's something that your solicitor would know and advise on. There is still no reason to talk to the police without an attorney/solicitor present.
  - astura 7y ago
    Only if you aren't human. On the other hand... >You might make mistakes when explaining where you were at the time of a crime that the police interpret as lies; the officer talking to you could misremember what you say much later https://www.vice.com/en_us/article/mvkgnp/law-professor-police-interrogation-law-constitution-survival https://www.vice.com/en_us/article/mvkgnp/law-professor-poli...
Retra 7y ago
But if you do mention it and make any kind of error, that seems likely to be used against you as well.
blck 7y ago
Or it gives the cops time to poke holes in your alibi or otherwise intimidate your alibi if the cops are dead set on you being the guilty person. Better to tell a lawyer your alibi so he can collect the information first so that he’s not blindsided later. This is if you can afford a lawyer who can work with you quickly. If you’re poor and you think your alibi is strong enough to let you go immediately then it might be better.
Nextgrid 7y ago
To be fair, you are quoting an UK site where the at least a semblance of justice actually exists, unlike the US where “justice” is just a business.
- dang 7y ago
  Please keep nationalistic flamebait far away from this site. https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html
  - Nextgrid 7y ago
    This wasn’t intended to be nationalistic, I was just sharing my thoughts on the US justice system which I believe is deeply flawed. I mentioned the UK because that’s what the parent comment linked to but it could’ve easily been another country (except the ones where the situation is even worse, which there aren’t too many of thankfully). Feel free to edit/delete my post if you think it will improve the overall discussion.
    - dang 7y ago
      I'm sure it wasn't your intent, but unfortunately most flamewars get started unintentionally. Think of this as fire safety.
backpropaganda 7y ago
What you're saying and what's in the link seems to be consistent with the advice of refusing to talk to the police at all, and not to talk partially or to answer some questions and not answer other questions, or answering but changing the statement later.
DenisM 7y ago
You should have mentioned that you're talking about the UK in your original statement. The fact that you did not may be used against you in the furtherance of this discussion. In the US we have the fifth amended, and it seems that [1] as long as it explicitly invokes the protection one would be safe from similar repercussions. https://www.nolo.com/legal-encyclopedia/when-how-invoke-your-right-silence.html https://www.nolo.com/legal-encyclopedia/when-how-invoke-your...