What if I was arrested and said nothing?

[bouv]

Not wanting to hijack the other GQ thread abour lying to police and Miranda rights, I decided to start a new thread.

Let's say I move far away from where I currently live, to a place where no one knows me. (Or, instead of moving, just start driving west.) Upon my arrival at my new locale, I do several steps to make sure I cannot be identified too easily. I burn all contents of my wallet, I take the plates off my car, scratch off the VIN, and push it into a large lake. I then walk (or hitchhike, or take a cab with some cash I didn't burn) two towns over. In that town, I then (for whatever reason) commit a crime. maybe I go into a bank and demand all them money, and threaten the teller with a knife or other pointy object.

I then just sit on the steps of the bank until police arrive and arrest me. From here on out, I say nothing. Not a word. Ignoring the fact that I, personally, would probably cave to interrogation, let's assume I have an iron will and never let any sound escape my lips. What would police do? No one locally (or even in that half of the country) knows who I am, I have no identification, and even if they find that car, what are the odds the police from two towns over would connect the dots to it belonging to me (and if they COULD connect the dots, then let's say I took a bus to get out west)?

I assume that I would go to jail, but how would they enter my info? Would I be listed in the documentation as John Doe? What other charges could they slap me with? (I assume at least one charge of contemp of court at some point would make sense.) What are the odds CNN would pick up the story and show all of the US my face, leading my friends and family to recognize me and call the authorities to ID me?

[What Exit?]

If you could really keep it up, the Public Defender could probably get you a room with padded walls.
If no one hurt and no celebrities involved, I doubt cable news would pick up on it.
Are you sure your fingerprints aren't already in the system?

[Bricker]

I have no idea how likely it is that CNN will step in.

Assuming your fingerprints won't identify you from any previous arrests, military service, security clearance, bonding, gun permits, or other reason you may be "in the system," you'll be booked as John Doe Number X. You'll be arraigned, and when you refuse to enter a plea, the judge or appointed public defender will enter a "Not guilty" on your behalf.

Your continued refusal to talk would likely garner you an assessment from the local shrink. He may, or may not, decide that your refusal to talk or otherwise communicate means you're incompetent to stand trial - the key question there being whether or not you understand the nature and severity of the charges against you and can meaningfully assist in your defense. I have no idea how a mental health professional would distinguish your case -- someone who can communicate, but won't -- from someone who actually can't.

Assuming you are found competent to stand trial, you'd be tried as John Doe, and, if convicted, sentenced and sent to prison.

If you were found incompetent, you'd likely be committed to a mental health facility until you were competent to stand trial.

[Wallenstein]

It also assumes that your DNA is not on file somewhere.

[Spoke]

CNN steps in when your mother reports you missing. (Assuming you have a good "glamor shot" they can use.)

This actually happened recently (though I'm to lazy to look up a cite). A mother reported her daughter (a Spelman College undergrad) as missing. CNN picked up the story. The daughter turned up in the Fulton County Jail (Atlanta), where she had been refusing to give police her name. One of her jailers apparently recognized her picture on CNN or in the Atlanta paper.

[pkbites]

Originally Posted by bouv

Would I be listed in the documentation as John Doe? What other charges could they slap me with? (I assume at least one charge of contemp of court at some point would make sense.

Depending on the jurisdiction, for the most part, yes, you would be charged as "John Doe". Theres not much of anything you can be charged with for remaining silent. that's your right (as far as the criminal charges against you. If you're called as a wittness to something else, that's a different story).
At your plea hearing if you remain silent a "not guilty" plea is automatically entered.

[bouv]

Nope, not in the sytem. Never been arrested, never been bonded, never even bought a gun. And, even if I am, for the sake of the argument we';ll say I'm not.

I didn't consider the mental health angle. It would be interesting to see how a psychiatrist would diagnose me. My guess is, since when I committed the crime, I was clearly quite capable of talking (seeing as I asked the teller to give me the money) it would probably be easy for him to say I can communicate, I am just choosing not to.

And, seeing as I am not a 20-something white girl (though the girl part is my only disqualifier) I doubt my missing persons case would make national news. Add to that the fact that there are very few (if any) recent photos of me, and you're left with no one outside my hometown caring that I am gone.

[Thin Lizzy]

This is assuming the police interrogator doesent beat the living shit out of you for being a wiseass, causing you to rethink your decision not to speak.

[Bricker]

Originally Posted by pkbites

Depending on the jurisdiction, for the most part, yes, you would be charged as "John Doe". Theres not much of anything you can be charged with for remaining silent. that's your right (as far as the criminal charges against you. If you're called as a wittness to something else, that's a different story).
At your plea hearing if you remain silent a "not guilty" plea is automatically entered.

As you say, a witness - even one who may be asked to incriminate himself - is a different story. It's worth pointing out that a witness must invoke his Fifth Amendment rights explicitly. He may not simply remain mute when asked to testify about a matter which may incriminate him.

That doesn't really come into play in our hypothetical, because our mute suspect is the sole defendant, and he won't take the stand for his defense to begin with. But in more general circumstances, you must explictly state that you refuse to answer a particular question in order to gain the protection of the Fifth Amendment.

Finally, it's worth pointing out that a witness may be forced to testify to a particulat matter by way of a grant of immunity. If he is immune from any testimony he gives being used against him, then he is no longer incriminating himself, and he can be forced to testify.

And that leads us into the very interesting area of different flavors of immunity - use and transactional. But that's kinda far afield.

[Bricker]

Originally Posted by bouv

And, seeing as I am not a 20-something white girl (though the girl part is my only disqualifier) I doubt my missing persons case would make national news.

Well, then, one correction: you'd be booked as Jane Doe Number X.

[Bricker]

Originally Posted by Bricker

Well, then, one correction: you'd be booked as Jane Doe Number X.

Errr... if I could read, I'd be dangerous.

If you're not a girl at all, disregard.

[Wallenstein]

If you were to say "I do not wish to comment" that would probably be sufficient to establish your mental health (or at least indicate that you knew what you were doing).

[pkbites]

Originally Posted by Bricker

It's worth pointing out that a witness must invoke his Fifth Amendment rights explicitly. He may not simply remain mute when asked to testify about a matter which may incriminate him.

Cite?

Originally Posted by Bricker

Finally, it's worth pointing out that a witness may be forced to testify to a particulat matter by way of a grant of immunity. If he is immune from any testimony he gives being used against him, then he is no longer incriminating himself, and he can be forced to testify.

True.

[pkbites]

Originally Posted by pkbites

Cite?

D'oh. Never mind. I was thinking you meant when talking to the police.