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Old 08-14-2008, 10:42   #1
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Exclamation Don't Talk to the Police



Well that's a quite interesting law school lesson taught by James Duane, really explaining why an innocent person should not talk to police under any circumstances. Enjoy!

YouTube Video
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YouTube Video
ERROR: If you can see this, then YouTube is down or you don't have Flash installed.


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Old 08-14-2008, 11:41   #2
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Mind you, this is a US thing, and has nothing to do with other countries. Also something that is not really mentioned, innocent untill found guilty is only a US thing.
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Old 08-14-2008, 11:43   #3
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Unlike the US, here in the UK they have removed the right to silence.

‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’

Failure to speak to the police here tends to mean you are shafted from the start.

Interesting video's though

Wonder if servers are back up yet.
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Old 08-14-2008, 14:30   #4
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It's not really an "US thing", in general you should not be talking to the police without any leagal protection by your side. Believe me I know what I'm talking about from professional experience. Even if the right to remain silent has been removed, you have still the right for a lawyer unless you're already being waterboarded in Guantanamo Bay Prison.

That's also a good one:
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Old 08-14-2008, 15:52   #5
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well, in my country, you definatly do not have the right to a lawyer. As a matter of fact, in my country, there are courts where no lawyer or other reperesentation is allowed, in other to keep costs down, you can take a lawyer or anybody else you want, but only if nobody else there objects, and only you are allowed to speak, nobody else, and nobody else is allowed to give you advice on what to say or what not to say
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Old 08-14-2008, 16:16   #6
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Quote:
Originally Posted by Wody View Post
well, in my country, you definatly do not have the right to a lawyer. As a matter of fact, in my country, there are courts where no lawyer or other reperesentation is allowed, in other to keep costs down, you can take a lawyer or anybody else you want, but only if nobody else there objects, and only you are allowed to speak, nobody else, and nobody else is allowed to give you advice on what to say or what not to say
Which country is it?
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Old 08-14-2008, 16:56   #7
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ah, I thought everybody knew I was from The Netherlands, the court I was talking about is small claims court
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Old 08-14-2008, 17:27
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Old 08-14-2008, 17:38   #8
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Well small claims court is not really something one have been afraid off. It's like "Schiedsgericht" (arbitral court under civil law) isn't it?

The presumption of innocence is not only an "American thing". It's actually an Islamic thing! Wikipedia as usual has brought it down in a few sentences:


Islamic law also introduced "two fundamental principles to the West, on which were to later stand the future structure of law: equity and good faith", which was a precursor to the concept of pacta sunt servanda in civil law and international law. Another influence of Islamic law on the civil law tradition was the presumption of innocence, which was introduced to Europe by Louis IX of France soon after he returned from Palestine during the Crusades. Prior to this, European legal procedure consisted of either trial by combat or trial by ordeal. In contrast, Islamic law was based on the presumption of innocence from its beginning, as declared by the Caliph Umar in the 7th century:

"Only decide on the basis of proof, be kind to the weak so that they can express themselves freely and without fear, deal on an equal footing with litigants by trying to reconcile them."

Anyway the movies are not a guideline but rather an incentive to think. These things only apply in countries with "normal" level of corruption, I would never resist a policeman in Moscow or Kiev, it will get more expensive this way.
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Old 08-14-2008, 17:40   #9
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Quote:
Originally Posted by Chimp View Post
Unlike the US, here in the UK they have removed the right to silence.

‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’

Failure to speak to the police here tends to mean you are shafted from the start.

Interesting video's though

Wonder if servers are back up yet.
Well looking at UK these days I just wonder how long will it take them to introduce the right for being tortured

Last edited by Bullet; 08-14-2008 at 19:36..
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Old 08-15-2008, 00:42   #10
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Quote:
Originally Posted by Wody View Post
innocent untill found guilty is only a US thing.


You are wrong there buddy, it is one of the basic principles in every democratic country.
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