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<blockquote data-quote="jej" data-source="post: 1009597" data-attributes="member: 5563"><p>I am late to this thread. I wanted to comment on this one point [maybe more, later, on the broader topic]</p><p></p><p>There are a couple of reasons for the lawyer advising you to shut up except with your lawyer.</p><p></p><p>First, what you say to your lawyer is generally "privileged." That means that he cannot repeat it without your permission. The law wants all the relevant information admitted as evidence, and disfavors privilege. This one is nearly absolute. You, of course, cannot be compelled to testify against yourself. So, you lawyer is just about the only person on the planet you can discuss the case with without having to fear that the discussion will come back to bite you. Yes, there is a spousal privilege, so you could in theory talk to your spouse about it. Bad idea, since you spouse can leak it, or decide to divorce you and use the info to your disadvantage. Yes, there is a priest privilege. Bad idea to use it unless you want to trust your life to the priest. Better to wait for the NG verdict to confess your sins. There is also a limited psychiatric privilege in many jurisdictions. Same story.</p><p></p><p>Second, no matter how cool under fire you think you may be, your recollections will vary. You tell different stories, they are used to contradict you, and can be used against your.</p><p></p><p>Third, the precise presentation of your story matters. Precise. Your lawyer is going to get you focused on the best possible presentation.</p><p></p><p>I know why the lawyer tells the students to say nothing to the police. I have seen plenty of police reports where the case could not be prosecuted but for the statements that the suspect made to the police. Under pressure, you won't get it right the first time, and you don't get a second chance. It makes for a good case for keeping your mouth shut. Of course, keeping your mouth shut also makes for a compelling case for the investigating officer to take you into custody. What options have you left him? You have a smoking gun, a BG has entry and exit wounds, he cannot do other than arrest you unless he has a compelling case to not arrest you.</p><p></p><p>Did you know in some jurisdictions, the police union contract gives a time out before questioning to any officer who shoots someone in the line of duty? In Los Angeles, I heard it is many days - and then, the officer is compelled to talk to the internal affairs guys who investigate officer involved shooting. Compelled means the statements cannot be used in a criminal prosecution against the officer. The unions argue that this is needed to give the officer time to collect his thoughts, settle his nerves, get over the "tunnel vision" that happens in every shooting situation. </p><p></p><p>Of course, the cops involved in this are not generally going to spend time in jail waiting for the investigators to sort it all out.</p><p></p><p>jej</p></blockquote><p></p>
[QUOTE="jej, post: 1009597, member: 5563"] I am late to this thread. I wanted to comment on this one point [maybe more, later, on the broader topic] There are a couple of reasons for the lawyer advising you to shut up except with your lawyer. First, what you say to your lawyer is generally "privileged." That means that he cannot repeat it without your permission. The law wants all the relevant information admitted as evidence, and disfavors privilege. This one is nearly absolute. You, of course, cannot be compelled to testify against yourself. So, you lawyer is just about the only person on the planet you can discuss the case with without having to fear that the discussion will come back to bite you. Yes, there is a spousal privilege, so you could in theory talk to your spouse about it. Bad idea, since you spouse can leak it, or decide to divorce you and use the info to your disadvantage. Yes, there is a priest privilege. Bad idea to use it unless you want to trust your life to the priest. Better to wait for the NG verdict to confess your sins. There is also a limited psychiatric privilege in many jurisdictions. Same story. Second, no matter how cool under fire you think you may be, your recollections will vary. You tell different stories, they are used to contradict you, and can be used against your. Third, the precise presentation of your story matters. Precise. Your lawyer is going to get you focused on the best possible presentation. I know why the lawyer tells the students to say nothing to the police. I have seen plenty of police reports where the case could not be prosecuted but for the statements that the suspect made to the police. Under pressure, you won't get it right the first time, and you don't get a second chance. It makes for a good case for keeping your mouth shut. Of course, keeping your mouth shut also makes for a compelling case for the investigating officer to take you into custody. What options have you left him? You have a smoking gun, a BG has entry and exit wounds, he cannot do other than arrest you unless he has a compelling case to not arrest you. Did you know in some jurisdictions, the police union contract gives a time out before questioning to any officer who shoots someone in the line of duty? In Los Angeles, I heard it is many days - and then, the officer is compelled to talk to the internal affairs guys who investigate officer involved shooting. Compelled means the statements cannot be used in a criminal prosecution against the officer. The unions argue that this is needed to give the officer time to collect his thoughts, settle his nerves, get over the "tunnel vision" that happens in every shooting situation. Of course, the cops involved in this are not generally going to spend time in jail waiting for the investigators to sort it all out. jej [/QUOTE]
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