Surviving Interrogation
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- Опубликовано: 29 май 2016
- Mark describes how the process of police interrogation works, from the perspective of an experienced criminal defence lawyer. He points out what an inherently fragile method this can be if there is no video recording of these proceedings, disadvantaging both the police and the those being interviewed.
He also discuses the significance of the Miranda warning - part of which pertains to the right to silence. This right should be given verbally to suspects in custody or during a custodial interrogation by the police. Often, police may continue a monologue at the point when the suspect exercises this right, hoping that the interviewee will come back into the interrogation with self-incriminating statements. You may well not be aware of the fact that if you engage further with your interrogators at this point you may incriminating yourself further.
You may also need to be aware that there are few rules that constrain the police in their verbal tactics. They may lie, or they talk about having evidence they don’t have. They will be proceeding from an assumption of guilt, and a confession will mean that they have succeeded. The process of ‘breaking down’ the suspect over time - repetition of the amount of evidence against the person, the horrors of prison, how sad it is that the suspect will be separated from their loved ones etc. It has been proven that sometimes even innocent people will confess to end this pressure.
Mark questions the legitimacy of a process that proceeds from an assumption of guilt, and he makes the point that many people have been caught up in a system in which they have inadvertently implicated themselves.
He acknowledges that many of those in that end in the ‘box’ are guilty - but he cautions that if you end up being interrogated, be very aware of how easy it is, even if you are innocent, to end up in court on on a guilty plea.
Even if guilty or not, always demand an attorney and say no more.
After being read the Miranda warning, the only words out of your mouth should be "I want an attorney", repeat as needed.
You have the right to remain innocent.
@Dick Gozinya Yes, we all do.
Even before the warning. Never answer Police questions.
Cops do not distinguish between innocent or guilty people. They view all civilians as criminals.
It's a paranoid existence
@@NKWTI Cavity search rapists see convictions as numbers on a score board. They don't care who is guilty, only who they can cast an image that they are. Many innocent people get selected to have charges filed against them because they are unorthodox in a lawful manner (example polyamorists), odd (example someone with aspergeger's), mentally ill, or someone that is perceived as a poor fit for a community that insists on trying to become part of it (example a low income kid trying to get into a school in an well - to - do neighborhood) AND happen to be indigent and poorly connected. Many people 'who actually are guilty' that get sent to prison are also severely mentally ill and don't understand why what they did was wrong or even where they are. We have tens of thousands of ambiguous laws that most citizens don't understand and many will violate some of them without knowledge that what they did was unlawful. The popular or wealthy citizen will be given prosecutorial discretion and the nerd which the community is trying to get rid of just because they perceive him or her as annoying will get the book slammed in their face for something no one would have ever thought to look for a law on or where to find it, for example, importing lobsters in the wrong size box. Yes, that actually happened. A man got 8 years for among his crimes, importing lobsters in boxes that were the wrong size. We also have very draconian sentencing for minor crimes like selling drugs. Our criminal justice system is also very ineffective. In Sweeden, the recidivism rate for violent crimes is about 35%. Here it is around 75% except for sex crimes where it is 93%.
You are just oozing high estrogen, I bet you’re an avid liberal sympathizer.
@@MrBikboi I see boot leather is a popular ice cream flavour this year.
It is almost never in your best interest to cooperate with the law enforcement. If you are innocent they still may be able to get enough circumstantial evidence to convince a jury of your guilt. They will try to confuse and trick you into incriminating yourself and they may try to sweat a confession out of you and even strong willed men have been badgered into confessions for crimes they didn't commit. Even if you are guilty as sin and plan on confessing to the crime your attorney will be in a much better position to negotiate a plea deal than you ever could be. Just keep your yap shut!
wise words Al!
I'm currently reading a big thick book on police interrogation. What have I learned so far? NEVER BE IN THAT INTERROGATION ROOM WITHOUT AN ATTORNEY PRESENT.
do what the cops do when they get indicted. Say nothing.
good advice!
You should do the same thing theyll tell their own children when they are confronted by their own brother in arms, sometimes as close to them as an uncle and someone as the child you would see as a family friend, say nothing. Former law enforcement military police here.
The smartest cops don’t talk *before* they talk to an attorney. Research, “Garrity warning.”
Compare: “The choice imposed on petitioners was one between self-incrimination or job forfeiture. Coercion that vitiates a confession under Chambers v. Florida, 309 U.S. 227, and related cases can be "mental as well as physical"; "the blood of the accused is not the only hallmark of an unconstitutional inquisition." Blackburn v. Alabama, 361 U.S. 199, 206. Subtle pressures ( Leyra v. Denno, 347 U.S. 556; Haynes v. Washington, 373 U.S. 503) may be as telling as coarse and vulgar ones. The question is whether the accused [cop] was deprived of his "free choice to admit, to deny, or to refuse to answer." Lisenba v. California, 314 U.S. 219, 241.”
Garrity v. New Jersey (1967) 385 U.S. 493, 496
I can see how some folks can believe this to be true. They may say nothing but dong so may cost them their job. Even though the fifth amendment privilege against compelled self-incrimination applies to all citizens, law enforcement officers traditionally have had to either waive the privilege when subjected to questioning or face punitive personnel action.
Police officers, believe it or not, stand outside the purview of the fifth amendment. Courts consistently held that a law enforcement officer's right to retain office, keep his job, depended on a willingness to forego constitutional protections. Although law enforcement officers presumably are entitled to that same right, they are often required to give statements under threat of adverse personnel action or have been fired for the failure to give statements.
In Souder v. City of Philadelphia, a police officer was charged administratively
and criminally. The Supreme Court of Pennsylvania not only
denied the officer his fifth amendment privilege against compelled self incrimination,
but essentially shifted the burden of proof in his criminal
case. In affirming the civil service commission's dismissal for conduct
unbecoming an officer, the court stated that "in order to show his fitness
to continue as an officer in the police department, he was bound to exculpate
himself from any wrongdoing. This he did not do, but remained
silent before the commission. In itself this was conduct unbecoming an
officer. "
A little piece of Miranda to always heed: "If you give up the right to remain silent, anything you say can and will be used AGAINST you in a court of law". Nothing that can help you will leave the interrogation room. Ask for a lawyer and pretend you are a clam. Say nothing no matter what they say. It cannot help you.
Never talk to the police
The police want you to be a criminal because they look good when arresting crimnals.
The prosecutor wants you to be a crimnal because they look good winning against crimnals.
The judge wants you to be a criminal because they look good sentencing crimnals.
And the only person who doesn't want you to be a criminal is yourself. But the other 3 will try and change your mind..
The only three things to say in an interrogation:
-No
-Give me a lawyer
-I want a coke
NEVER ask cops for chit! They want your DNA off that can of Coke
what about keeping the can?
@@Russel.Idrive could you look anymore suspicious 🤣
@@CB13212 You mean making shank from that can? I can try
@@Russel.Idrive if you think that makes you look any less suspicious then idk for you bro lol
4 WORDS!! I WANT MY LAWYER!!
Yeah. Invoke your right is not enough. You have too state multiple times you want an attorney, shut up,and, be prepared to be taken into custody. The best thing you could do is never talk to cops.
The greatest video I ever saw was titled (never speak to the police). That’s where I learned that being innocent doesn’t keep you out of jail, keeping your mouth shut and speaking only to your lawyer will.
Miranda is the most misunderstood “requirement”. For Miranda to attach and become necessary there must be TWO elements present, interrogation AND custody. If you haven’t been placed under arrest the police can interrogate you all they want, and only pause to read Miranda once you made incriminating statements that will clearly result in your arrest. If they’ve “asked” you to come to the station and you did so voluntarily and were not advised that you were under arrest they do not have to read Miranda!
Good point. Never go to a police station voluntarily. No good will come of it.
I'm innocent
Until I'm proven guilty
Deny everything,
Deny everything
I'm being framed
It's all a set-up
Deny everything,
Deny everything
I'm just a spook in the wheel
Just a part of the puzzle
A part of the game
I'm being framed
Innocent
Until I'm proven guilty
Deny everything
Deny everything
Deny everything
Deny everything
It's not even about guilt or innocence anymore....to me it just seems if they get SOMEONE for the crime...then they are good.
It never was.
Pro tip#1. Get lawyer immediately. Say nothing until they are there.
Next video lol😂
Exactly!
Shut up lawyer up. Words get skewed. Thanks
Exactly Jeff!
"Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances." -Robert Jackson, who was US Solicitor General, US Attorney General, and Associate Justice on the United States Supreme Court (the only person to have held all 3 offices) and Chief US Prosecutor, Nuremberg War Crimes Trials.....in other words say I want to speak to an attorney....and then STFU !!! It's been ruled that to remain silent, you have to verbally say so (so in order to remain silent you need to speak) but when you demand your right to an attorney then the police MUST stop questioning.
Good, well-presented information. Thanks.
You're welcome!
Canada here: The Police here, are no different in getting you to talk. They commit perjury as effortlessly as they give someone a ticket for speeding. I've never been charged, nor anyone in my family, with a crime but was taught at a very early age, never to trust Police. It's sad but true. This video just reinforces the bottom line.....shut up and say absolutely NOTHING. (thumbs up and subscribed)
Wonderful audio on this video. How are you micing yourself? Whatever you’re doing, keep it up.
Thank you, I will
Hopefully, will never need this information and advice, but surely it is good that it is OUT THERE.
Awesome video! Thanks!
Our pleasure!
Great informative video!
Glad it was helpful!
What can you do if the police try to intimidate you when they initially detain you to get an arrest - scare you into giving up your right not to talk to them or answer questions?
“I’ve been advised to not answer questions, I’d like to return to my cell”
Or
“I would like to see my lawyer”
Don’t even answer how your day is
Favorite sports team
Work situation
As soon as you’re in that room, you are being interrogated.
With every single word that comes out of your mouth is attached part of your defense. Say enough and you have no defense left.
Say: I want a lawyer. Then shut up.
Got me with “Go US. You can do it!” 😂😂🤣
Obama must be like “Yes we can.”
Thank you for your advice. We done need that branch of the bureaucracy, called the police. The least efficient and the least effective way to do something is to permit a government bureaucracy to do it. It is also the least likely way for you to keep your liberty, I.e. your freedom, wealth and opportunity). This is especially so with respect to justice. The most efficient and the most effective way to bring criminals to justice is not to employ police, but (instead) to pay a bounty upon convictions. That way private enterprise will gather evidence. Then with the consent of the victims, (and without victims there is no offence), put the evidence before a judge. If the evidence is sufficient for a judge then that judge would warrent a sherif, (i.e. an officer of the court), to bring the accused before the accused's peers. The private enterprise would present the case and if the accused is found guilty then the private enterprise would collect the reward. That way your liberty is most likely to be kept.
Regards,
Geoff. Reeks
Although,I'm not from the USA, I assume when you get arrested that the interragation is similar in my country ( Ireland ) but my question still is, guilty or not, just to say nothing at all, super video by the way, sub on he way 😁 thank you.
In the US, cops are allowed to lie to you to get a confession. I don't think they are allowed to do that in any other country.
I know a guy who got convicted and serve time behind bars when he didn't do it. He was in the apartment where the crime happened but he was passed out drunk at the time and woke up to police there but didn't even know what happened. The police got him to write a confession in the box and they were the ones who fed him the details of what happened.
Respecting the law doesn't just mean having respect for the police, but having respect for the system and that system includes your right to remain silent and have a lawyer. I have heard that police sometimes try to tell people that they're being disrespectful by remaining silent but actually that is being the most respectful to our system of laws.
forget the system. respect yourself first and foremost.
Is it permissible for the subject to keep ther eyes closed the entire interrogation? (not sleeping)
Not only permissible, but highly recommeded.
Although, when questioned upon the stand " Did you Actually see which cop hit you ?", you'd have to truthfully say "No".
So maybe the better answer would be "Keep your eyes and ears open, and your mouth shut." Except for requesting a lawyer and no more ...
thx mark
you are welcome!
In Scotland you can't be convicted on a confession alone
Let me put it this way when does the police have no right to read Miranda rights.
I will try and contact mark and see if I can get him to respond.
When in doubt......cayette la boca!!!! Thank you!!
'what good is a phone call, if you're unable, to Speak?'
-mr. Smith
think about it...
Thereis dark points for me. what if I may have useful information for cops but then I don't talk to them and criminal goes away with that?
you speak. your butts on the line.
that guy did it
no i didn't
welp you admitted to being there so who's getting f'ed.
crime criminal --> don't be a d%%% and snitch.
you'll be looking over your shoulder forever
I like to sing loudly. Just start singing if they start questioning you. Sinatra. Start spreading the news, I’m leaving today.....hehehe. New York New York. These vagabond shoes.
hahaha! do they clap?
Life The Basic Manual they might clap you in handcuffs 🤣
Good info. Hope i never need it.
The only correct answer is, "Lawyer, lawyer, lawyer..."
I was looking for the “ back the blue “ and this came up 🤔
Is it possible that when during interrogations, you can lie and make up a story that incorrect and maybe nearly has nothing to do with the case and still be ok with nothing put against you?
No. It shows that you can easily lie and make up stories on the spot. Who’s to say you’re lying about actually being innocent? Best thing to do is shut the fuck up and wait for your lawyer
Lying to them can get you charged by itself...even mis-remembering a fact could get you charged with lying to the police
I'm having an anxiety attack...
Plead the fifth and tell them you want a attorney present
no, don't plead the fifth. That will be brought up in trial.
vaughn amir. 😂
vaughn amir. Pleading the fifth means you don’t not want to incriminate yourself. It has no substance in court what’s so ever. Being silent doesn’t mean you’re guilty.
DO NOT PLEAD THE 5TH. ONLY STAY SILENT AND DO NOT SAY ANYTHING AT ALL EXCEPT "I WANT AN ATTORNEY". Read up on Salinas VS Texas. Pleading the 5th can now be admissed into evidence, so pleading the 5th at the wrong time can look incriminating to a jury
@@danielmills6379 In that case he already answered some questions and then decided to remain silent. That can be used against you pre-miranda/arrest since he decided to answer some of there questions and not other. I think you need to reread that opinion. It states you have to invoke it upon the question being asked of you.
It's real simple. Set down, fold your arms on the table, say "Let me know when my attorney is here then wake me up." Put your head down and take a nap. KEEP YOUR MOUTH SHUT!!!
Same here in uk....NEVER ever TALK TO police without a LAWYER....without a LAWYER , say no COMMENTS....the police are there to FRAME YOU......Remember.
Informative video.. I survived interrogation more than once.
Please could you answer is there ever a time when the police have to right to NOT read you your rights?
I don't know Smokey - I will ask Mark and see what he says
My question is when you guys take a group of friends that are doing a ilegal activity like a gang do they break down of the pressure in the interrogation room and tell on each other or a backstab each other to get out of jail or not to get arrested or charged with all the Charges they have on them like illegal activity they did is it very common and what’s the percentage ???
I'm sorry Nicole, I just dont know the answer to that. Good luck with it though
The cops will lie, tell you your "friends" already ratted you out. They tell you what story they think is closest to true and use that as proof of a snitch. It's a trap.
It's extremely common.
I have the same problem now I am innocent but some people I have greeted fought A guy and now im A suspect and i know they are gonna lie and set al that boys up against Each other.
I would like to know is during a video taped interrogation if the Federal Rules of Evidence apply. That is, if during the interrogation if a police interrogator makes a statement that indicates that the suspect is not guilty of the crime can the defendant use that in court to prove his innocence or does that fall under the FRE 801(d)(2)(A) where anything the police say can not be used in the defendant's defense because it is hearsay?
Richard P the police are not allowed to withhold exculpatory evidence. During discovery all evidence must be presented even that which contradicts the suspects guilt. If later it's determined that the police had evidence that the suspect was innocent and doesn't provide that evidence to the defense, the case is subject to mistrial. They don't have to address that evidence in making their case, but they must present that evidence to the defense if they discover it during the investigation.
In the example I cited there is no physical exculpatory evidence only a "statement" made by a police interrogator such as placing the suspect at a different location, or referencing another more likely suspect. If the interrogation is presented in court, must the whole video be shown? or can the interrogation team / prosecutor edit the tape to their liking?
Richard P the tape in its entirety should be part of the discovery. I can't imagine an instance where the pros can edit the tape. But, a ruse by the police used to illicit an incriminating statement has been upheld by case law. I think that's what you're getting at???
Hmm, yes I am aware that the police can lie to get the suspect to reveal more information, but let me reframe my original question. Forget my first example and let's try this one. Supposedly, going by the Federal Rules of Evidence, if you are in an encounter with the police and in the course of the encounter the police make statements that are exculpatory in favor of your defense, you can not use that statement in court - the judge will rule "hearsay". But now with video cameras and phones, it's quite easy to capture the whole encounter. So the question becomes - if during your defense you get a chance to play the video of the encounter, will the exculpatory statements by the police remain and be allowed to be seen and heard by the jury / judge??
Richard P so basically turning hearsay into a witness statement with video? I suppose it would stand as such and either the police would have to explain their reasoning for making the statement and risk losing credibility or the DA would have have to cross examine the officer. If this is your life you're asking about I would continue this conversation with paid counsel. Sorry I couldn't give you a definite answer but I don't think anyone responding to your question on RUclips would be very credible.
Number one in wrongful convictions and police / guard brutality.
Your right to remain silent can not be hold against you in court. So if you are innocent (even if guilty) that alone is all you need to know. Just say you want a attorney and say no more.
What is that intro
Another word for Interrogation is _Manipulation_
It's simple, don't say shit except lawyer.
GET ME MY LAWYER!!!!!
I don't know why YT recommended this video, but I enjoyed it nonetheless.
I frequently hear people say they would invoke their 5th amendment privilege and demand an attorney if they ever found themselves in a police interrogation room. I would agree as I wonder why seemingly intelligent criminals talked like a canary during an interrogation.
Its easy to say you would dummy up if you were about to be interrogated; until you are actually part of one. I hope to never be in that unfortunate position, but these guys look intimidating and professional. Its all they do day in and day out. I would imagine they could get a suspect talking before they realized what's happening.
Say it like a mantra. _"I have the right to remain innocent. And I would like an attorney."_ Repeat as needed.
This entire comment section have a criminal history and now I do but I haven't gotten caught yet.
Don't talk to them. Continue not talking to them and then don't talk to them somemore. You know it makes sense. They are not your friends.
Did you see that? Or did you see that on the Wire?
The contributor was a lawyer, so is speaking from experience
Your not supposed to go if called down by the police it's a trap because it's not court ordered but if you are in a room with them you just give them basic information like your name date of birth job ec that's it nothing that has to do with what they have you down there for.you keep your mouth shut and your not supposed to talk to them even with your lawyer present if they start asking questions about what you did supposedly say I don't remember because they can't do anything with that because you know when the police read your rights they say your words can be held against you well that's true because if you open your mouth anything you are saying will be used against you in a court of law so when you say I don't remember they can't do anything with it.
"FOR THE RECORD" ...me i think anyone who makes a correction known is aok. does it not boil down to the point of whether or your not your guilty, when your in the room. 1.5cents of a guestion
MERCI FRANCEE
are people allowed to leave anytime during the interrogation/interview?
Yes if u are not under-arrest you can walk out but if you then you can go back to ur cell
NEVER TALK TO THE COPS
NEVER MEANS NEVER
Needs less bass. Way too boomy on good speakers.
In The u.s. justice is more business than justice...
What happens if you ask for an attorney?
Hopefully you get one!
Dirty actions of getting an innocent person in Gaol.
"Another kill !!"
Oh, they WILL Do it.
Do you answer questions?
If the police state you are under arrest handcuff you put you in car take you to station book you. Take your mugshot let you call for bail stick you in holding cell...til bail money is paid Lets you OUT with ticket and court date...no rights read period.
How wrong was that
Not wrong at all. They didn't question you so why do you need a Miranda warning?
The right to remain silent would save so many people from jail. Just shut up!
Interrogation is not something that can kill you, so "surviving" is a wrong term.
Incarceration per capita needs to be framed with "of developed countries", not the world.
"...that bass, no treble."
Yep
Difficult to understand
There is only 1 word you need "LAWYER"! Repeat as needed
It really is as simple as that .. the trick is after you lawyer up you have to stay strong after you do so , the cops will usually press you and treat you like shit once you do . So hopefully your council is quick with meeting you.
I would just say I want to talk to my lawyer and then leave and my free to go and walk out that door if they don't answer you and my free to go and then get up and leave
No once u ask for a lawyer they arrest u
@@viking9290 Once you request a lawyer, they are not allowed to talk with you, I believe, until the lawyer arrives.
the Seychelles have much tourism curious what percentage are not citizens
This works for both law enforcement and spouse interrogations. 😉😁
Have you found that over the years, the more you did FOR FREE for your trustees, the more ungrateful, thankless and abusive they have become, so may we politely suggest the following good mental health de-escalation-for-remedy?
Them-`Give me your name`
You-`YES, CERTAINLY (this eliminates the controversy) it`s just that we charge you $911 per hour for our time in-the-private to do that for you and because we have NO CONFIDENCE with you administrating OUR trust, payment must be with us immediately and any further communicating with us, is with you and your supervisor accepting the terms and conditions because notice-to-agent-is-notice-to-principal`
(This way, you are NOT refusing to obey/comply with their orders/requests/policy....and you have moved the process into negotiation stage and so cannot progress to court)
Be the BUSINESS-man with your trustees....NOT the victim, because there is nothing wrong with any system.....is it not our negligence with not using it for OUR benefit?...by COUNTER-charging.
If you are feeling extra crafty. Flip them off and say i want my lawyer.
You say 'case is closed' and cops' job is done for them if you confess. About what percentage of cases do cops interrogate without some provable basis to believe suspects are in fact guilty? As I understand, even a truthful and voluntary confession by itself can never stand up unless other evidence exists to corroborate its content. Otherwise, court dockets would fill up for centuries from wacko nuts who come to local precincts and "confess" a crime that happened before they were born. Also, pure logic suggests that cops must be reasonably sure of getting the right suspects to avoid potentially catastrophic effects on themselves from mistakes
yea subject = to be subgegated
This is coming from a police officer. Lawyer, period. All police officers can and do lie, it's legal. Why would you knowingly talk to a liar. JUST SHUT UP, SAY NOTHING. They can't fool you if you don't let them.
I believe that you shouldn't prevent them from doing their job. However, the rights you have (These are real rights, not sovereign citizen right nonsense). You can be quiet and request an attorney. It's all mindgames, you decide whether you want to play against the pros. I support the police but you can probably end up talking yourself into doing a crime you may not have committed. And lie detectors sense changes, not wheater you are actually lying or not, there have been many killers who passed a polygraph test. In the end, if you do get yourself caught up, an innocent person is locked up and the real criminal is set free, unless you were the criminal.
wise words!
You should say at the beginning "are you stupid???...... then you need to watch this video" lol... seriously turning the tables on the interrogators can be fun and get you out of trouble at the same time, there are techs that will allow you the suspect to actually be in charge when being interrogated while allowing the cops to think they are in charge, the video that you narrate can then be used to show the police as being dim witted and stupid so how could you possibly have committed a crime? because the cops cannot even get it right. it helps to be a sociopath when using ant-interrogation techs but sense most of you do not know what a sociopath really is other than what Hollywood tricks you into thinking they are you probably would not be able to defend yourself against anybody or fight your way out of a wet paper bag and thats a fact ... if you do not know how to defend yourself from police interrogations then you deserve everything the court gives you......
Interesting
Go U. S. ? Nice person aren’t you.
hahah, the "Seychelles". You techincally didnt have to correct yourself as economists usually say: the US has the most incarcerations per capita _except for statistical outliers_
Because "statistically" Greenland has the most rapes in the world, but the population is only 56'000.
In 2014, there where 132 rapes reported, which placed Greenland at the top of the rape statistic.
Which means that its misleading to use the per capita measure for Greenland. Its a "statistical outlier".
So you didnt have to correct yourself, just needed to append that the US does have the most incarcerations per capita _besides statistical outliers_
Pigs are the bad guys. In any situation.
Browns/blacks and cops are evil.