• cheese_greater@lemmy.world
    link
    fedilink
    arrow-up
    78
    ·
    edit-2
    11 months ago

    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?

      • cheese_greater@lemmy.world
        link
        fedilink
        arrow-up
        11
        ·
        11 months 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
          link
          fedilink
          arrow-up
          24
          ·
          11 months 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
            link
            fedilink
            arrow-up
            6
            ·
            11 months 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
              link
              fedilink
              arrow-up
              6
              ·
              11 months 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
                link
                fedilink
                English
                arrow-up
                10
                ·
                11 months 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
                  link
                  fedilink
                  arrow-up
                  8
                  ·
                  11 months ago

                  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.

                • Drusas@kbin.social
                  link
                  fedilink
                  arrow-up
                  2
                  ·
                  11 months 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
                    link
                    fedilink
                    arrow-up
                    2
                    ·
                    11 months 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

              • NoIWontPickaName@kbin.social
                link
                fedilink
                arrow-up
                3
                arrow-down
                2
                ·
                11 months 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.”

    • A_Random_Idiot@lemmy.world
      link
      fedilink
      English
      arrow-up
      39
      arrow-down
      1
      ·
      11 months ago

      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.

      • cheese_greater@lemmy.world
        link
        fedilink
        arrow-up
        11
        ·
        edit-2
        11 months 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

      • cheese_greater@lemmy.world
        link
        fedilink
        arrow-up
        7
        ·
        edit-2
        11 months 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…yesno…i dont understand

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