Remix.run Logo
SoftTalker 6 hours ago

In reality the way it would work is the prosecutor and police would use every bit of circumstantial evidence to construct a claim of motive, means, and opportunity. Then threaten you with a lengthy prison sentence if you are convicted.

You're not going to roll on whoever really did it (assuming you know), and trust your fate to a jury understanding presumption of innocence, and being convinced of "reasonable" doubt, without you saying a word in your own defense? Most people would not unless they had an iron-clad alibi, but if they did, they wouldn't be getting charged in the first place.

0x3f 6 hours ago | parent [-]

There's a big difference in when you break silence though. Strategically, much better to keep it until all the facts are known to your side. At the start, the police/government have the informational advantage. In other countries, even delaying (but eventually speaking) can allow a negative inference to be drawn. The right to silence is important even if you eventually speak.

pclmulqdq 6 hours ago | parent [-]

The correct way to interact with the American legal system is never to talk at all unless you have a written immunity deal. Kids should learn to say "no questions/searches" and "slide the warrant under the door" from their parents.

0x3f 5 hours ago | parent [-]

Pre-lawyer it's never a good idea to talk. Post-lawyer often not either. But there are some rare cases you might negotiate a disclosure through your lawyer. For example, if they're about to ransack your home or get you fired from your job and you've got a rock-solid alibi.