• cheese_greater@lemmy.world
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    1 year ago

    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

    • Semi-Hemi-Demigod@kbin.social
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      1 year ago

      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.

      • cheese_greater@lemmy.world
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        1 year ago

        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)

        • Drusas@kbin.social
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          1 year ago

          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.

          • commie@lemmy.dbzer0.com
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            1 year ago

            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.

            • Drusas@kbin.social
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              1 year ago

              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.

              • cheese_greater@lemmy.world
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                1 year ago

                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

                • Drusas@kbin.social
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                  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.

          • NoIWontPickaName@kbin.social
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            1 year ago

            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.”