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5th Ammendment 101

Discussion in 'Legal & Political Archive' started by Kimber Custom, Mar 22, 2011.

  1. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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  2. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    Before watching this video I was in the camp of 'the truth shall set you free'. I really thought there was no reason not to give a statement based on the fact that I would be 'in the right'. I also thought it was foolish to not give my side of the story. I now see it is foolish to say anything other than 'officer, I choose not to make a statement that may incriminate me'.

    Another point I found interesting was the commonly held belief that someone who uses the 5th must be hiding something. I have to admit that I thought that way. Too much law & order I guess.

    I liked the officers point of sitting down with a professional interviewer is like getting into the ring with an olympic boxer. You're gonna lose. You will say something that can be used out of context or contradicted enough to give the jury a reason to convict. The mindset of both the officer and the jury is that if you are in the defendants chair you are there for a reason. Scary but true.
     
  3. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

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    I've watched that video before. I have to admit that I too thought the way you did before watching that video. That video changed my mind. The police aren't there to be your friend. It doesn't mean they are bad people, they are just doing what they were trained to do.
     
  4. Brown

    Brown Saint Helens Member

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    I have watched it before as well. Between being rased by a law enforcement officer and that video I would advise someone to keep silent. "I have no statement to make at this time" is what my father always told me to say. Leave the incriminating part out, you do not have to answer their questions unless you are talking to a Fed. Even then you have a right to legal representation before answering anything.
     
  5. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    The 5th applies to all who may want to question you: Feds, State, County, local, ...... I don't know where you got the idea that you have to answer a Fed's questions.
     
  6. Brown

    Brown Saint Helens Member

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    I need to be more clear I guess. As I understand it, you do not have to answer the questions of city, county, state police, for any reason. You can even lie to them and it is not a crime, although I do not recommend it. You do have to answer a fed's questions but that answer can be "I plead the fifth". Telling a lie to a fed is a crime (ask Martha Stewart).
    I am not a lawyer, your mileage may vary, etc..........
     
  7. saxon

    saxon springfield Active Member

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    it is a crime and you are incrimanating your self if you do so
     
  8. ejmpnu92

    ejmpnu92 Hillsboro, Or Active Member

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    Law enforcement can lie to you as part of their interrogation tactic, however, it is unlawful to lie to them.

    I watched the video and thought it very interesting. I will lean on the 5th A. until I talk to my/a lawyer.

    60 Minutes had a report about 6 to 8 months ago about the best police interrogators, guys/gals that get the confessions. Here are a few things that I remember from it:
    1. The interrogator will be sympathetic.
    2. The interrogator will tell you they can't help you if you won't talk to them.
    3. They only want to help you, if you would only talk to them.
    4. Will place you in an uncomfortable sitituation, ie, bad chair, lighting, no bathroom breaks, no food or water for hours.
    5. They wil feed off the fear the interviewee has.

    One of the officers interviewed said something to the effect that he was surprised at how many people talk and don't keep their mouths shut.
     
  9. iusmc2002

    iusmc2002 Colville, WA Active Member

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    And some people question the "us versus them" attitudes that a lot of people protray. That right there is a damn good reason, when sworn officers will lie and mess with your head, just to get you to talk. Seems fair. They're from the government and here to help
     
  10. chemist

    chemist Beaverton OR Well-Known Member

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  11. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    The cop in the video wasn't.He said everybody has a story to tell.
    That's a great video and I try to sell it to everyone I talk to about the police.

    I've NEVER been to jail, (cough,cough,cough..) e e e em.Swallowed wrong.

    Do they really try that crap you see in the movies? Questioning people in those little rooms?
     
  12. the puma

    the puma Oregon City Active Member

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    Oh ya...dimly lit concrete rooms with one bare light bulb, a rickety wooden table and the sound of dripping water. Happens all the time.
     
  13. the puma

    the puma Oregon City Active Member

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    I'm trained to look at the evidence and, to the best of my ability, determine what happened. Part of the evidence gathering process is to interview people.

    Also, whoever said "its illegal to lie" to the (local) police is wrong. I can't speak to the issue of lying to Federal agents. The only laws (in Oregon) that deal with that topic are: a)false swearing, and b)perjury. Both instances involve a person intentionally lying after being sworn in by a judge or someone who is under oath in an official court proceeding. A person being interviewed (or interrogated as many here love to say) by the police can lie with no fear of breaking the law. They are, however, usually being recorded so that lie can be played back to a judge and/or jury in order to discredit that person.

    All that being said, I would also never spill my guts to an investigating police officer/detective unless I had an attorney present because the odds are that I would be under duress and would have just experienced a highly stressful situation. I likely wouldn't be thinking as clear as I'd like, and may be confused.. I would also have a prepared statement handy (written down) to recite. Since we're on a gun forum, and we tend to talk about deadly force encounters, it may behoove one to have something ready like this: "I believed my life was in imminent danger and I was unable to to escape. I defended myself and I'm not in a condition to speak with the police until I have an attorney present."
     
  14. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    You can leave out THAT part, the Oregon Supreme Court ruled that you have absolutely no duty to retreat from a threat.
     
  15. the puma

    the puma Oregon City Active Member

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    Oh, I know Oregon doesn't have a 'retreat' clause. Personally, though, I would always try to avoid/escape a confrontation if at all possible*, no matter how justified I may think I am. IMO, it also shows the intent to deescalate and shows this was a last resort. I consider it a preemptive strike.

    *I don't believe in "always" trying to get away, for a variety of reasons. Sometimes, turning your back on an imminent threat to escape can be more dangerous than dealing with that threat. There are other reasons too.