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The Third Degree

Thursday, October 6th, 2011

This is an arcane term for interrogation techniques which were quite common in the early 1900′s.  Though the origin of the term is debatable it is closely identified with a form of questioning which is verbally and physically rough on the individual.  It is, in some quarters, a euphemism for physical violence used to obtain information or confessions.  As the Supreme Court stated in Blackburn v. Alabama 361 U.S. 199 , “the blood of the accused is not the only hallmark of an unconstitutional inquisition.”

Actually the method of interrogation today is no less persuasive than that described in Blackburn, it is, however, far more subtle and insidious.  The Reid method of interrogation is just as effective.  This method is as capable of being used to obtain false confessions  as any other method.  Most people, including police officers of all stripe, believe that a confession is a simple “I did it.” statement.  Virtually anyone is capable of being brow beaten into this sort of confession.  Long periods of  interrogation.  Refusal to permit toilet or breaks for food or water.  Repetitive statements which mis-state the evidence, including outright lying about it.  I once had a detective admit, in front of the jury, that it was an accepted and permissible interrogation technique to lie to a suspect.  Remember even if you are innocent, if you are being interrogated you are a SUSPECT.  Do not attempt to explain anything, it will not be recorded the way you intended.

How do you defend yourself against such abuses?  You must have counsel present and you must clearly refuse to answer any questions without your lawyer being present.  Do not ask if you need a lawyer.  Do not ask if it is a good idea to have a lawyer.  If you are asking these questions the answer is yes, you need a lawyer immediately.

The trip “downtown”

Wednesday, January 6th, 2010

We have all seen the television version of this circumstance. The hero detective has the perp in his sights but has no evidence to arrest him. He goes out to “talk” to him but the “perp” refuses. Then he pulls out the big gun, talk to me now or talk to me “downtown”.
The perp folds and gives the hero detective all he needs to arrest him and they go “downtown”.
Of course the reality is the “perp” is a citizen who the “hero” has targeted and uses his superior knowledge of the legal system to make the arrest. It is a standard writer’s device to advance the story line, but unfortunately it is all too real.
The mistake the citizen makes is that this is a “level field” and the officer is going to make it better, if he just “co-operates”.
If the officer has no arrest warrant or probable cause to make an on-scene arrest, then there is no trip “downtown”. Any suggestion of such a trip should be met with a let me call my lawyer first reply.
Should you find yourself under arrest for an offense and being interrogated for the offense, your only response should be exercising your right to have counsel present.
Television (cop shows) have turned this Constitutional Right into a dispicable act. How dare this citizen, “lawyer up”! But it is exactly what you should do. If there is no problem with the police interrogation, why would they object to having someone there who is representing only your interests. The police do not represent you, their interest is in closing the case by making an arrest. The prosecutor is not representing your interests he is representing Government. (Some victims think the prosecutor represents them, this is not so; the victim is merely a witness for the Government).
If you are asked to “go downtown” decline. If you are confronted with threats, even subtle ones, for refusing then you definitely need to have a lawyer on your side of this “conversation”.
As was said in the last blog, Miranda is important. It is a right that should never be casually discarded in the hope that you can cooperate yourself out of trouble.
Interrogations are no longer called such, now they are interviews. The police are taught very sophisticated methods of getting the responses they want from anyone. Yes, from anyone. This is not the time to go it alone and hope for the best, your freedom is at stake, maybe for 20-30 years.