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Posted

http://www.brasschecktv.com/page/342.html

These are two long but very interesting videos of a law school class. Listen to both of them if you get a chance. I'm interested in seeing what Emmitt says about it?

Rick

Very interesting and entertaining video. I have been told basically never say anything before but never in that kind of detail.

Posted

Good videos. Not really noted is that everyone will lie under oath. EVERYONE! All it takes is the right set of circumstances. Interestingly enough this was part of George Carlin's routine when I saw him 2 weeks ago.

I'd like to say I'd never talk to a cop, but I'm sure I would.

Good stuff. Thanks Rick.

Posted (edited)

The attorney is absolutely correct. The sole reason, the sole reason, criminal suspects are interrogated is to obtain a confession or aid the investigation. You can't talk your way out of being a suspect.

An example to think about though. Let's say, hypothetically, that FFRick and I walk into a convenience store with the intent of robbing the place. While we're in there Rick and the clerk get into a struggle over the merchandise and Rick shoots him three times killing him. There is a lady standing in the rear of the store picking up some Ramen noodles when this all happens and witnesses the whole thing. The convenience store also has security cameras. She picks up her cell phone during the robbery and calls police. Rick and I run out of the store in opposite directions and are subsequently caught by police. Rick has the gun in his possession at the time of arrest. Now under Texas law we are both guilty of capital murder and can receive the death penalty. When they get us down to the police station they will interrogate us both, separately. And what they will probably say to me is "Look, Emmitt, we know you were in the store because we have a witness who saw the whole thing. We also know, though, that you didn't pull the trigger and may not have even intended for anyone to get hurt. If you'll just give us your side of the story we may be able to make sure you won't be looking at the possibility of a needle in your arm." You may be thinking "well if there is an eye witness and security footage what good could your confession possible do?" For one thing it could keep me out of the death chamber. More importantly, for police and the prosecution, though is that is a rock solid piece of evidence that Rick's defense attorney will have a hell of a time impeaching. You tell me...how sound is this whole "don't ever talk" line of reasoning.

Look at the attorney's presentation a bit more closely as well. Every single example he gives, every exerpt from case law, is presented in a light most favorable to the point he is trying to make. Using an example of a retarded man who talks to police and is fed facts of a crime doesn't prove you shouldn't talk to police...it proves you shouldn't interrogate retarded people in a normal setting!

Now, a little free information for those who still want to follow this attorney's advice.

What information do I have to give to police?

*If you are under arrest you must give the officer your correct name, date of birth, and address...that's it.

*If you are stopped/detained by the police, are arrested, or are a witness to a crime you must not give police a false name, date of birth, or home address...doing so is a crime. I have put many people in jail for this very thing.

What does this mean for the layman though? It means, if an officer approaches you and, without placing you under arrest or telling you that you are a witness to a particular crime, asks you for your name and date of birth you can look at him with a blank stare. Yes, you can.

Now don't try this next time you are out drinking and decide to drive home. Staring back at the officer who has pulled you over and asked for your driver's license will not prevent you from having to identify yourself...and in fact will look worse when you go to trial because he'll say you were too drunk to understand his question. :lol: Even if you are not drunk and about to be arrested just remember that almost all class C misdemeanor tickets are arrestable. So if I ask for your DL after you've run a stop sign and you think you're gonna be clever and refuse to hand it to me and/or talk to me...I'm gonna pull you out of your car and place you under arrest and tow your vehicle. Then if you won't give me your name you're getting more charges.

Edited by emmitt01
Guest JohnDenver
Posted

You can't talk your way out of being a suspect.

There are about 20 men (as of this week) from Dallas County who would totally agree with you on that point.

Since I am no longer local (oy... sad but true), what is this in reference to?

Posted

Since I am no longer local (oy... sad but true), what is this in reference to?

The number of men from Dallas county (thus far) who have been released from prison after DNA evidence has cleared them of the crime for which

they have been sent to prison.

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