this post was submitted on 07 Dec 2023
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[–] [email protected] 79 points 1 year ago* (last edited 1 year ago) (3 children)

What is the best script to deal with this?

  1. Am I being detained?
  • yes: (I want to Speak to lawyer) --> 1
  • no:
  1. Am I free to go?
  • yes: Go
  • no: --> repeat 1

♾️

No need to go outside this script?

[–] [email protected] 46 points 1 year ago (3 children)

And then you shut the fuck up

[–] [email protected] 11 points 1 year ago (1 children)

Ya but they use the human fear of silence/not responding as a lever to get people talking. I feel like you'd be more successfull just sticking to a safe script like this

[–] [email protected] 24 points 1 year ago (1 children)

Cops will find any excuse they want to be assholes. By shutting the fuck up you make your lawyer’s job a lot easier.

Though it’s probably best to say “I an invoking my fifth amendment right to silence” so they know what you’re doing before they beat you and shoot your dog.

[–] [email protected] 6 points 1 year ago (1 children)

Im referring more to places where you don't technically have the right to have the lawyer sit in the interview nor is there a hard and fast 5th amendment. Like you don't have to talk but they're basically allowed to verbally pull teeth once a phone call with a lawyer is completed (where they just read "don't say anything" remotely and hang up on you)

[–] [email protected] 6 points 1 year ago (3 children)

I'm not the person you replied to, but I am confused as to what you mean. You don't have to invoke the fifth amendment in order to not speak with police (the fifth amendment is more used in court), but you always have the right to have an attorney present when speaking with police in the US.

[–] [email protected] 10 points 1 year ago (1 children)

You don't have to invoke the fifth amendment in order to not speak with police

courts have found that simply being silent can be a confession. you must explicitly state you are exercising your right to be silent.

[–] [email protected] 8 points 1 year ago (2 children)

Yes, absolutely. You do have to say that. You don't have to expressly invoke the fifth amendment. You have to invoke your right to be silent. These are two separate things.

[–] [email protected] 9 points 1 year ago (1 children)

Which is absurd when the right is to be silent.

[–] [email protected] 2 points 1 year ago

Welcome to the US justice system.

[–] [email protected] 2 points 1 year ago

your right against self incrimination includes a right to be silent. it's not separate: it's inclusive

[–] [email protected] 2 points 1 year ago (1 children)
[–] [email protected] 2 points 1 year ago (1 children)

Ah, that will do it. Sorry to hear your country doesn't afford the right to have an attorney present. That's at least one thing we've got right here.

[–] [email protected] 2 points 1 year ago (1 children)

Your criminal penalties and the severity of the average crime seems to demand such rights.

I will say however, like, sometimes I wish some of our more extreme offenders got charged by the US instead of domestically cuz we don't seriously hold accountable many shockingly extreme offenders who are basically never going to not be an insane risk to the public away for any relevant timeframe, and they almost always get bail

[–] [email protected] 4 points 1 year ago

I don't know where you're from, but I've read plenty of examples of horrific rapists and murderers in other countries getting only a few years of prison time and then being released. That happens here as well, but I very much approve of the more egregious cases being given prolonged sentences. It's not about punishment; it's about protecting the populace from predators.

That said, we really need to reduce most prison sentences here in the US. So yes, we do very much need the law to allow us to have attorneys present when speaking with police because they will nail you for whatever they can get away with.

[–] [email protected] 1 points 1 year ago (1 children)

You have to actively and affirmatively express you want a lawyer and to remain silent for it to count.

Just being quiet or saying something like “I “think” I need a lawyer has been ruled not to count.”

[–] [email protected] 1 points 1 year ago

Yes, that is what I said.

[–] [email protected] 38 points 1 year ago (1 children)

speak very basic and plain. don't use coloqualisms, don't use slang, etc.

One guy told a cop "I want my lawyer, dog", and and they never got him one saying there were no dog lawyers, and the courts..of course, backed up the police, in clear violation of common sense and decency.

[–] [email protected] 11 points 1 year ago* (last edited 1 year ago)

Just pretend they're a computer, same thing with laws. There's a reason it usually called the Tax Code or Criminal Code

Make 'em divide by zero by recursively using that script or the endless WHY loop

[–] [email protected] 9 points 1 year ago (1 children)

If only they always answered with either just yes or no.

[–] [email protected] 7 points 1 year ago* (last edited 1 year ago)

But you can choose to do that confidently with something like this is mind

You just refuse to accept non yes/no answers. Play dumb. So...yes...no...i dont understand

Edit: or just do that kid thing where they ask "Why?" -> Why? -> Why?...