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False confessions

economist.com

31–40 of 68 posts

Re: False confessions

#31
post #6

Rule #1: Don't talk to the police. http://www.youtube.com/watch?v=i8z7NC5sgik You're better off taking the beating.

But don't take it to the extreme. Do talk a little bit 'What is the problem officer', 'Do you know why I pulled you over? -- No", "Am I free to go?" when it takes longer than it should and a little politeness can go a long way when your pulled over for a minor ticket. Shut up in all other situations, detainment, questioning, asking to search and especially once your arrested.

Re: False confessions

#32
It'd be nice if [insert popular TV crime drama] would pick this up and run with it. We might start to see juries doubting confessions in the same way they've already been trained by the media to doubt non-forensic evidence.

Re: False confessions

#33
I always found it strange that when a guy is saying he was doing something else noone believes him but when he starts telling he was doing what people suspect him of suddenly his word is rock solid.

If someone is consistently upset with what you are saying and makes your life miserable you try behaving differently especially in such stressful situation.

It's useful to listen to people suspected of crimes but you should treat their "confessions" as a clues where to finds evidence of what actually happened.

Re: False confessions

#34
When an investigator tells someone that they have two choices: confess and face potentially five years in jail, or plead not guilty and face potentially twenty years in jail, what sounds like the best deal?

Re: False confessions

#36
post #23

Earlier quoted context omitted.

How so? If your interaction with the cop wasn't recorded, even if you started out by saying "I choose to remain silent" and never said another word, the cop can easily testify that you said something. I don't see how it's "easier" to change an actual conversation than it is to completely fabricate one.

> I don't see how it's "easier" to change an actual conversation than it is to completely fabricate one. It's easier because, when you fabricate an entire conversation rather than one sentence, you have to make up more things. That's the purely technical argument. There are also psychological considerations on the part of the officer, people are more likely to rationalize making up one little thing than making up an…

Yes, they can ask you all kinds of questions about what you said and make you appear quite talkative.

Say nothing and you can truthfully say repeatedly that you said nothing. You'll be able to consistently tell the truth on the stand without having to explain any of your statements, statements that the prosecution will attempt to twist into incriminating statements.

Of course, if you do the same to the prosecutor before trial, the chances of you making it to trial go down. Prosecutors like to win their cases.

Re: False confessions

#37

I always found it strange that when a guy is saying he was doing something else noone believes him but when he starts telling he was doing what people suspect him of suddenly his word is rock solid. If someone is consistently upset with what you are saying and makes your life miserable you try behaving differently especially in such stressful situation. It's useful to listen to people suspected of crimes but you shou…

Funnily enough, the Phoenix Wright series of games for the Nintendo DS, despite featuring an utterly ridiculous legal system, has this as a fairly central element. The basis of gameplay is cross-examining witnesses... and nearly every single one of them is either lying or misremembering things. I seem to recall at least one time where you were defending someone who had already confessed, for that matter.

The lying's not uncommon in TV dramas, but the unreliability of eyewitnesses accounts certainly is.

Re: False confessions

#38
post #22

Earlier quoted context omitted.

"how exactly does not talking help you?" You still communicate. You speak through your lawyer.

If you're extra paranoid just print out a card that says "as a policy I do not speak to the police except through a lawyer". Then you can present it to the police as necessary and use it as evidence if they attempt to claim you confessed something to them without a lawyer present.

Be _very_ careful pulling out your card. Not responding verbally and reaching into your pocket might get your killed if the cop thinks he sees you reaching for a gun.

Re: False confessions

#39
post #12
post #6

Rule #1: Don't talk to the police. http://www.youtube.com/watch?v=i8z7NC5sgik You're better off taking the beating.

Something I've never understood from one example from that talk: If it's your word in court vs. the police officer's regarding an unrecorded conversation, how exactly does not talking help you? In the example (linked below), the police officer lied in court, saying that the defendant admitted to placing a hand on the plaintiff when the officer first approached the defendant. How does being silent help you in that exa…

How does not being silent help you? Talking to them provides no benefit to you and gives the police opportunity to make you slip up. There's no upside to talking to the police and a lot of potential drawbacks.

Re: False confessions

#40
post #31
post #6

Rule #1: Don't talk to the police. http://www.youtube.com/watch?v=i8z7NC5sgik You're better off taking the beating.

But don't take it to the extreme. Do talk a little bit 'What is the problem officer', 'Do you know why I pulled you over? -- No", "Am I free to go?" when it takes longer than it should and a little politeness can go a long way when your pulled over for a minor ticket. Shut up in all other situations, detainment, questioning, asking to search and especially once your arrested.

Especially shut up in traffic stops. Police rely very heavily on confessions in such situations, and don't appreciate lying. Even if you think you're telling the truth, they won't (that is why they pulled you over..). Saying anything except answering their queries with carefully constructed responses will either incriminate you or make them mad.

  "Do you now how fast you were going?"

  "What do you have me as officer?"

  "15 over, but since you were wearing your seatbelt I'll
   let you off with a warning"
The number of times I have directly participated in this exchange or been present for it is rather impressive (flyover country, long stretches of straight roads limited to 60mph...). Be polite, but do not admit to a thing.
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