First 48

[K5RCD]

My XYL & I have been watching First 48 recently on television. It seems to us that most of the individuals charged with the crimes would have probably gotten away with them if they had just kept their mouths shut. #I mean, if they DID the crime, why not just "lawyer up"?

Most of those portrayed don't even bother to get legal advice before talking to the cops. I am sure they have all been Miranda-ized. Are they just stupid, or do they think they can lie to the cops without getting caught up in a web of lies? #I mean if was them, I would just shut up and let a lawyer speak for me. Hell, even the most novice Public Defender would be better than taking the cops on one on one. #http://www.qrz.com/iB_html/non-cgi/emoticons/rock.gif

[KC0VWU]

I agree 100%. I think most people aren't in prison for being criminals, they are in prison for being stupid. If the cops had enough to prosecute you they wouldn't need to question you to begin with. So remember, if picked up by the fuzz, use only the 5 magic words: I have nothing to say. Also remember, it is okay for them to lie to you but if you lie to them it is a crime (how is that for justice?http://www.qrz.com/iB_html/non-cgi/emoticons/rock.gif?) so say nothing at all.

[ka5piu]

Hello.

True, a lot of people are in prison who were dumb.
A fair number of people who do get busted are set up by a much more street-wise person, in the classic "trade".
The "police" are not to be trusted, any more than the electric company is to be trusted.
The police is made up of people, in this case a large number who feel that this is "Us vs Them" and you, and anybody who is not a part of the police effort, is Them.
Do not belive this?
Have an incident where a cop is injured, see what happens.
This is human instinct, protect our own.
With that in mind, I present Flex Your Rights.
http://www.flexyourrights.org/
And, to the people who say that this will give the criminal an edge, it is better to let 10 guilty men free than to inprison one innocent.

[WF7A]

Quote[/b] (KC0VWU @ May 04 2007,05:11)]So remember, if picked up by the fuzz, use only the 5 magic words: I have nothing to say.
If I were picked up by the "fuzz", I'd scream "Owwwwwww!" ;>

[K5FH]

Quote[/b] (KC0VWU @ May 04 2007,13:11)]I agree 100%. I think most people aren't in prison for being criminals, they are in prison for being stupid. If the cops had enough to prosecute you they wouldn't need to question you to begin with. #So remember, if picked up by the fuzz, use only the 5 magic words: I have nothing to say. #Also #remember, it is okay for them to lie to you but if you lie to them it is a crime (how is that for justice?http://www.qrz.com/iB_html/non-cgi/emoticons/rock.gif?) so say nothing at all.
Yep.

Former Louisiana Insurance Commissioner, Jim Brown, found out about that the hard way.

Brown was asked to talk to the Feds about a failed insurance company. #He naively believed that, since he had nothing to hide (HA!), he had nothing to lose (double HA!). #So, he met with the feds at a question and answer session that was tape recorded. #Later, the Feds asked Brown to come down for another Q&A. #This happened several times.

The final session wasn't tape recorded, however; the Feds said their tape recorder was broken. #So one of the Feds took notes. #Later, Brown is indicted for "lying to a Federal agent." #The "evidence?" #The Fed who took handwritten notes said that some things Brown said during the last Q&A session contradicted some things he had said at an earlier session.

So, Brown gets to court and his attorneys try to subpoena the federal agent's notes. #The judge, inexplicably and to the defense's shock and horror, wouldn't allow the agent's notes of the last meeting to be subpoenaed and instead allowed the agent to testify as to the content of the notes.

Brown, needless to say, was convicted. #He was convicted, in essence, of having a faulty memory!

So now we have the "Jim Brown rule" - which is, simply, keep your mouth shut at all times and under no circumstances should you talk to any law enforcement officials without your attorney present.

[kc0ukk]

Quote[/b] (ka5piu @ May 05 2007,10:19)]And, to the people who say that this will give the criminal an edge, it is better to let 10 guilty men free than to inprison one innocent.
I generally agree with most of your post, but I strongly disagree with this last statement. I would use the analogy of the military draft. That private who is sent into battle on his country's behalf is certainly innocent, yet he is called upon to sacrifice his life to protect the lives of others.

Allowing 10 criminals to go free rather than sacrificing an innocent, sacrifices all the other innocents who fall prey to those 10 bad guys.

[KC0VWU]

Quote[/b] (K5FH @ May 04 2007,14:49)]Brown, needless to say, was convicted. He was convicted, in essence, of having a faulty memory!
Yup. When they can't get you on anything else, they will twist your statements and call you a liar. Sort of like how Martha Stewart was convicted of lying about a crime she ultimately was not charged with. If she had said nothing at all she would have walked.