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Don't Talk to the Police (2012)

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Re: Don't Talk to the Police (2012)

#131
post #91

Earlier quoted context omitted.

Do you say "it looked like he turned left a block up"? Or do you say "I will not answer without a lawyer"? I've run into a lot of people who go with the latter, citing that video. Then the police need to work on policy and community relations if people are reticent to help them, when altruism can be a punishable act.

Surely any country with citizens having this conversation is close to collapse, no?

Predicting is hard, especially about the future. Countries have gotten much, much worse before collapsing, and there are too many connections with international finance for the world to just let it happen to the US. See also: moral hazard.

Re: Don't Talk to the Police (2012)

#132
post #58
post #8

Earlier quoted context omitted.

If it looks like you're the suspect, then don't talk and get a lawyer. Otherwise, you should probably avoid doing anything that makes you a suspect, including demanding a lawyer prematurely.

Demanding a lawyer, and refusing to answer questions, explicitly should not make you look like a suspect in the eyes of the law. (The eyes of the investigating officer may be different, but they must follow the law in the end.)

Right. Good thing they do that. Every time. Yup.

Re: Don't Talk to the Police (2012)

#133
post #104

I think it's a sad statement for the american justice system that this is advice people want to follow. I feel lucky I don't have to live in the USA.

What country do you live in that what you say to police can't be used against you?

In Germany, after §163 StPO and related the police may interview you as part of an investigation but if you are a suspect you must be told so prior to any interview. You are allowed not to make any statements, which is not considered any crime. Additionally, any statements you make may only be used for discovery of the truth but are not in of themselves considered actual proof or evidence in absence of anything else, word of mouth is not fully sufficient with a few minor exceptions outside the scope of the StPO.

The sentiment re. the police in germany is much different than in america, so my initial assertion does not at all equate to "what you say can't be used against you", rather "the police is in general trustworthy and non-malicious", which does not seem to hold true for america.

You should consider that not all countries think like americans and do not hold the same sentiment as americans. People in other countries think different, not the same.

Re: Don't Talk to the Police (2012)

#134
post #127

Earlier quoted context omitted.

Who is annoying who? You are not required to answer any question. You might as well be non-polite too (I'm not suggesting it).

Well, in my philosophy, the guy with the gun and the legal authority to arrest is the one who gets to decide who's annoying, unfortunately.

They can't arrest you without probable cause. Especially if you are inside your house.

Re: Don't Talk to the Police (2012)

#135
post #65

As someone who has been through the criminal justice system a handful of times, here's what I always tell people: If you are approached by a policeman/woman, you don't need to say anything other than, "I'm going to ask you to refer all questions to my counsel as I'm not prepared to handle or able to answer any questions you may have." Don't have counsel? Get some. Can't afford any? Tell the policeman/woman that you'l…

I grew up in a very privileged white world, with an attitude that I could always talk to the police because they were never interested in me. I felt that there would be unlikely to be an outcome where I got in any real trouble even if I had been breaking the law in some childish but “not actually bad” kind of way. Doing some dumb stunt or smoking a little weed - “nothing serious”.

A friend from a different place helped me see that in so many ways that attitude was only one I could hold from my position of extreme privilege. The world was in a sense made for me, or rather people like me. As a “normal” white male the system had built-in leniency. White judges would “understand I was a good kid” who “meant no harm”. The law had a built in amount of forgiveness for me. I could risk doing dumb things and still talk to police.

For everyone who isn’t amongst the class this world was build for, the reality is very different. Even my outlook was a fantasy that may not always hold true, but for others there is not even the comfort of that belief. People like me who are comfortable will perpetuate the system because it “works” for us, but everyone else is terrorized by it.

I have a different outlook now, and I can begin to understand why talking to the police is so risky for most people. I understand too that it is risky for me. The system does not in fact care for me. I am more cautious now. And I desire a system that is more fair - though I have so much more I need to learn, and I need to get more out of my comfort zone to better serve the others most affected by the injustice of our system.

Re: Don't Talk to the Police (2012)

#136
post #2

I keep rewatching this video every now and then, very recommended if you're from the U.S. I wonder how much does all this information apply to other countries (for instance, in the EU).

I'm no lawyer, but I guess would be that:

A) Prosecutors and judges are generally NOT elected or politically engaged. Nor are they politically appointed, with exception of some higher court judges.

B) Police in many countries are required to conduct an independent study. The must present all evidence; and so contrary to the US what you say can be used to your advantage (that still doesn't always make talking advantageous).

C) In civil law systems judges are often far more empowered to seek the truth. Where as in the US (common law), judges mainly facilitate an argument between defense and prosecutor in-front of a jury.

D) prosecutors in other countries are often tasked with finding the truth, they are not elected, and the whole system is less adversarial than the US.

E) Politics is less dysfunctional, and most European countries have civil law, which makes it easier to comply with the law. There isn't 10k statutes on the books.

F) Police is better behaved; well trained; typically governed at country level (not by local politics).

G) Many countries have a functional public defense system.

All of this differs from country to country. Some countries might not have functional public defense (G), but on average it's my understanding that western European countries do better in these ways.

That doesn't necessarily make talking to the police a good idea. But there are a lot of fewer traps people can fall into.

And so I personally would feel more comfortable helping a European police officer. After all the downside of not talking to the police is that crimes won't be solved.

Re: Don't Talk to the Police (2012)

#137
I've been sleeping in my car in Mountain View (it's legal here) for about six months now. A couple things I've learned:

- Police are allowed to lie and coerce. Do not even admit to doing something legal -- if they think you're an easy target, they'll feign ignorance of its legality to blackmail you into talking more. Moreover, good cops only come to get you to talk or gain your trust. Unless you change your behavior, you'll get the bad one eventually, and it might even be the same guy.

- There is no way to structure a good police force without statistics-based enforcement. No cop has stayed on the force after making zero arrests in a year. No cop is there to "make sure everything's okay". Police are going to profile you and there's no way around it. It sounds evil, but it's actually the way things have to be.

Re: Don't Talk to the Police (2012)

#138
post #2

I keep rewatching this video every now and then, very recommended if you're from the U.S. I wonder how much does all this information apply to other countries (for instance, in the EU).

Well, for instance, not everyone has rules where the police need a warrant to search your home or vehicle.

[citation needed]

Article 8 of the ECHR seems to require a court orders of some kind:

https://en.wikipedia.org/wiki/Article_8_of_the_European_Conv...

Not all European countries have the same exact rules as the US, some have stronger privacy in some areas and some have weaker in some areas.

But the US isn't exactly a poster child for privacy. Granted US rights on unlawful searches are for the most part decent.

Re: Don't Talk to the Police (2012)

#139

Earlier quoted context omitted.

> You can talk about rights and due process all you want, I’m not disagreeing with any of that, that’s great for people who can afford it. I’m talking about the practical outcome of this for average Americans. Rights and due process apply to everyone, not just people who can afford it or people the police like. Telling someone "don't assert your rights because you're poor" is telling them to self-subjugate; that's aw…

> Do you have any evidence of this at all? Being young and poor and interacting with the police. Their behavior changes when the other upstanding members of society aren’t in the room. There’s a way to navigate that situation favorably, and it doesn’t involve refusing to speak to them and hoping you get a good public defender. Speak without saying a lot, be careful what you say, sure. But refusing to speak entirely a…

> But refusing to speak entirely and pretending you have an attorney is likely to just anger them (if you’re poor), and they do have the power to subject you to our criminal justice system, and people do get treated unfairly and wrongfully imprisoned all the time.

You're not pretending to do anything. You're invoking a right you actually, absolutely have. They know (or should know) the difference and that they have an obligation to do certain things in that situation.

> Being young and poor and interacting with the police. > Their behavior changes when the other upstanding members of society aren’t in the room.

I believe you. But I also believe that you have societal protections you're choosing not to use. I understand that I'm probably not going to convince you of this in the face of your lived experience. I just think that if we continue to perpetuate the idea that some people can't and will never get what in fact everyone is entitled to, we're never going to solve the problem.

Re: Don't Talk to the Police (2012)

#140
post #89

Earlier quoted context omitted.

Citation needed.

“You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.” https://www.gov.uk/arrested-your-rights I imagine there is a sizable amount of injustice in the UK due to not having a 4th amendment like rights.

If you listen to the video, the professor says that nothing you say to the US police can be used to defend you later.

From your quote we see that this is not the case in the UK. Something you say can later be used in your defense, so clearly if you choose to say nothing -- you have less that could be used in your defense.

> I imagine there is a sizable amount of injustice in the UK due to not having a 4th amendment like rights.

Compared to the US?

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