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Miranda warnings -- "can and will" or "may"

 
 
Reply Thu 26 Jun, 2014 10:12 am
be used against you in a court of law?

I've seen/read it both ways and it seems to mean very different things.

I was thinking about this today after reading about the preteen boy in Detroit who had been missing for several days and was recently found in his dad's basement.

It seems the stepmother wouldn't submit to a polygraph and in the comment section following the article many people declared "she had something to do with it or she would have cooperated".

Does non-cooperation automatically make someone a suspect?

I was always taught (and have taught Mo) that you cooperate by not resisting arrest and then you shut up until your lawyer is there, especially if the police are trying to get you to talk under the guise of cooperating because what you say CAN AND WILL be used AGAINST you.

When and how should one "cooperate"?
 
jespah
 
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Reply Thu 26 Jun, 2014 10:20 am
@boomerang,
A lot of laypeople do not understand the law and claim that not submitting to a polygraph is a sign of ... something. As in, whatever the hell they think it is.

It's not a sign of anything. Polygraph work is often inadmissible.

You're basically fine, when it comes to what you've told Mo. Cops are trained to push people to talk, and to establish a rapport. It can be extremely socially difficult, particularly for a young person, to resist that. It's not a threat of violence. It's more like someone is being nice to them, and they spill their guts. Check out the Reid Method.
boomerang
 
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Reply Thu 26 Jun, 2014 10:50 am
@jespah,
That is a really interesting article. Pretty scary. I hope I never have to be questioned by the police.

I'm curious about what it said about being arrested as a group -- that if they put you in the car with another suspect that they're filming you to see what you might say. Could that film be used against you or are they just trying to determine what questions to ask you?

jespah
 
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Reply Thu 26 Jun, 2014 12:36 pm
@boomerang,
If it can be authenticated, and if Miranda rights have been waived, then yeah, it should be admissible (but there might be other things keeping it inadmissible, things like chain of custody and the like. Not everything that is possibly admissible, ends up being so). And sure, of course they're going to be figuring out what to ask you.

If suspect1 says to suspect2, "Don't tell my mom." Then the cops are going to lean on suspect1 with verbiage like, "Confess, and do your mother proud."

Miranda only really works when suspects keep their traps shut. Suspects/arrestees have few bargaining chips. And then they give this one away, so many times. This is cops taking advantage of trusting natures and a lack of preparation or knowledge.

I am not against the police, but things are so incredibly heavily weighted against people who are arrested. And nobody goes to a "What to do if you're arrested" class, either. People are scared, nervous, and they may even be guilty. A lot of the Reid Method takes advantage of the fact that most people will 'go along to get along'. Most people want to be liked. And they feel this way even if they've just knocked over a liquor store or sold a pound of heroin, too.

People who go to a police station for any purpose other something like reporting a stolen bike, or who talk to a cop who approaches them for anything more than a date or a cigarette should have their guard up. They should assume that whatever they say, and whatever they do, will be used, and that it won't be used to make them feel or look good.
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