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@KonaHonuIn a prior thread Angleterre said:
in response to a post I made about not talking to police.
I apologize if I offended you. I was only referring to the US. I still maintain that in the US there really is little or no benefit to speaking to the police. If you answer written questions you have a record of exactly what was said. I can't edit my post because it is in a prior thread so I will clarify here.
I understand it is the job of the police to investigate crimes and gather evidence. I don't fault police for doing their job at all. But in the US it is not their job to exonerate people. That is the role of a defense attorney. Even the Miranda warning says "Anything you say can and will be used against you..." (BBM) It doesn't say that anything you say will be used to establish the facts. So why would anyone see any benefit in providing evidence to be used against themselves.
I realize that in other countries the role of the police might be slightly different in the sense their role may focus more on establishing the facts rather than beginning the prosecution and that there might be times in other countries where not speaking or failing to provide defense information early on can be used against a person. But in the US silence can't be used against you.
MOO
Thank you I appreciate your apology and clarification
Now I will offer you an apology because I was not aware that your Miranda warning was so specific in that it says that anything you say CAN and WILL be USED AGAINST YOU and for this reason , I now understand your point so my bad , I’m sorry .
In the UK we can arrest straight away
And only after charge do we go away and gather all the evidence to support what we already have initially , which was enough to arrest and interview and subsequently charge ( arraign) . The case is built once the charge procedure begins.
For example when CV was shot and killed, I said in another post that Lori and AC her brother, would have been arrested immediately and J.J. and Tylee would have been taken to a juvenile suite and in the presence of appropriate adults not involved, would have been interviewed on visual recording as to what they had witnessed.
This is because we can arrest on belief and suspicion and we then interview those arrested in order to obtain evidence but also to allow them to give alibis which we can then prove or disprove .
Our caution reads ....
You do not have to say anything but it may harm your defence if you do not mention when questioned something which may later be used to rely on in court . Anything you do say may be given in evidence.
Now the important clarification here is that this caution is only given if you are arrested or if you are brought into a custody suite and detained for the purpose of being questioned under caution and documented by contemporaneous notes .
So there really is a huge difference about speaking to LE in the UK as opposed to the USA
I think we are both straight now on the pertinent differences