Sage Advice/Never talk to the police :MERGED

This is a discussion on Sage Advice/Never talk to the police :MERGED within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Originally Posted by morintp Wow, I never really thought of it that way. I always told myself that in that situation, I would be as ...

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Thread: Sage Advice/Never talk to the police :MERGED

  1. #16
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by morintp View Post
    Wow, I never really thought of it that way. I always told myself that in that situation, I would be as truthful as I was able, and if the questions took a turn for the worse, I'd ask for an attorney. But this throws that out the window.

    The thing that really gets me is that anything you say can be used against you, but nothing can be used for you because it's hearsay. That just doesn't seem right or fair.
    Hearsay is an out of court statement made by someone other than the witness offered in court to prove (or disprove) the truth of the matter asserted.

    The police officer on the stand is testifying to what you said to him in the interrogation room in order to assist the prosecution in proving their case.

    The witness, the police officer, is not the person who made the statement, however it is being offered into evidence against the original speaker.

    The Federal Rules of Evidence codify exemptions to the hearsay rule. Among those exemptions are statements against penal interest, i.e. things you say which are against your interest in a criminal setting.

    They are admitted into evidence because people who say incriminating things are supposedly unlikely to say such things if they were untrue, while self serving statements are just that - self serving.

    If you want to make those, do it in court on the stand while the jury can observe your demeanor.

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  3. #17
    VIP Member Array KenpoTex's Avatar
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    that's a great presentation...I'm going to make all my SD students watch it.

    Thanks for your insight Mitchell.
    "Being a predator isn't always comfortable but the only other option is to be prey. That is not an acceptable option." ~Phil Messina

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  4. #18
    VIP Member Array MitchellCT's Avatar
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    Also remember, things said after a use of force incident, when you are hurt, stressed, wacked out of your mind on endorpins and your ability to remember the sequence of events, distance and speed of the action are severely compromised are CONSIDERED ESPECIALLY TRUTHFUL BECAUSE OF YOUR COMPROMISED STATE OF MIND.

    It is believed you have no time to lie, so the statements are truthful.

    They are excited utterances.

    Excited utterances are an exemption to the hearsay rule.

    They are able to be admitted into evidence against you...

    The rules of evidence do not take into account all the science of how your mind is effected by stress, or how your ability to relate events is compromised after combat.

    If you want to explain those things, get a therapist on the stand or an expert witness to testify for you.

    The rules of evidence are not concerned with the substance of the evidence, just if it is relevant or not, if it is probative or prejudicial.

    I'll sum up that video in 9 words: Shut the heck up & ask for a lawyer.

  5. #19
    VIP Member Array havegunjoe's Avatar
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    This is excellent advise, exactly what I tell my students. It will be the hardest thing for any of us to do but boy we need to just keep our mouths shut until an attorney arrives.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

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  6. #20
    Distinguished Member Array kazzaerexys's Avatar
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    Quote Originally Posted by morintp View Post
    The thing that really gets me is that anything you say can be used against you, but nothing can be used for you because it's hearsay. That just doesn't seem right or fair.
    IANAL, but as I understand it there are exceptions that allow hearsay to be admitted into evidence. One of those exceptions is a "statement against interest", i.e, an incriminating statement. So that was his point---if you say something that helps the cops, it's admissible by the prosecution, but anything that helps you is inadmissible for the defense. The assumption being you wouldn't lie to incriminate yourself, but you would lie to exonerate yourself.

    Edit: Um, yeah, what Mitchell said.
    Last edited by kazzaerexys; May 5th, 2008 at 04:11 PM. Reason: Redundancy...
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

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  7. #21
    VIP Member Array havegunjoe's Avatar
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    Quote Originally Posted by Sheldon J View Post
    All of a sudden this link doesn’t work, can you repost it please. It is very good.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

    Certified Instructor for Minnesota Carry Permit
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  8. #22
    Ex Member Array TacticalCompact's Avatar
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    Quote Originally Posted by Sheldon J View Post
    Page not found. Is there another link or adress?

  9. #23
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    Says..."Page not found, or it has been removed..."
    Is there another link? Would like to see it.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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  10. #24
    New Member Array madaxeman's Avatar
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    ditto! I was looking at it this morning, but was having latency issues. I figured I'd let it completely download, and then simply replay it. Of course, my browser crashed and I lost it.

    Haven't been able to get it since.

    However, I would guess it's an issue with the host site, so I don't know how easy it will be to get back...

    Stu

  11. #25
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    There's a reason why a representative from the Police Officer's Union shows up at Officer involved shootings. Even they understand how hard it is to keep your yap shut and the wisdom of legal counsel!
    ALWAYS carry! - NEVER tell!

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  12. #26
    Senior Member Array HowardCohodas's Avatar
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    It now says "Temporarily unavailable due to high demand. Please check back soon"

    I hope so. I want to share this with some friends.
    Howard
    I carry a gun because I can't carry a cop!!
    Politically Incorrect Self Defense

  13. #27
    Distinguished Member Array morintp's Avatar
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    Dang it! We've crashed their server.

  14. #28
    Senior Member Array HowardCohodas's Avatar
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    Quote Originally Posted by morintp View Post
    Dang it! We've crashed their server.
    Most likely a bandwidth issue.
    Howard
    I carry a gun because I can't carry a cop!!
    Politically Incorrect Self Defense

  15. #29
    Senior Member Array Rob P.'s Avatar
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    The 3 "S's".

    Shoot,

    Surrender and

    SHUT UP!

  16. #30
    Distinguished Member Array morintp's Avatar
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    Quote Originally Posted by HowardCohodas View Post
    Most likely a bandwidth issue.
    I know that. Saying we crashed their server is a generic comment for website failures....

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