When I watch The First 48 on A&E the detectives are always saying to the suspect, “help yourself, this is your only chance to help yourself, we mean it” and various other versions of the help yourself speech.
Now, being guilty, is there really any way you would be helping yourself by spilling the beans to a crime you committed?
Because sometimes the police are so convincing that I’m actually sitting here wondering if they really may, in fact, be able to help themselves by giving details of the crime. haha. I couldn’t imagine being under that kind of pressure, without a lawyer and having a cop say that to me, not knowing what to do. I’m always thinking to myself, “how in thee hell would admitting to what happened actually help this guy?” See what I mean?
Read Homicide: A Year on the Killing Streets by David Simon. It later became the basis for TV show.
He wrote about how Baltimore homicide detectives work. They offer the suspect the chance to “tell his side of the story” before asserting their rights. They tell him stuff like:
“Once you up and call for that lawyer, son, we can’t do a damn thing for you. . . . The next authority figure to scan your case will be a tie-wearing, three-piece bloodsucker - a no-nonsense prosecutor from the Violent Crimes Unit . . . And God help you then, son . . . . Now’s the time to speak up . . . because once I walk out of this room any chance you have of telling your side of the story is gone and I gotta write it up the way it looks. . . . And it looks right now like first-degree murder.”
Suspects are cajoled to believe that the detectives care about them, that their crime is not really murder, that the detective believes their story and will go in to bat for them. Once the detective has a confession he leaves and with the other squad members openly laughs at the suspects gullibility. The squad had a saying “crime makes you stupid”.
A friend of mine works in disability care. A year or two ago he attended a course about the law and handicapped people. He was shown video of people confessing to crimes that they couldn’t have committed. He said that some of the best police interrogators could achieve this with little apparent effort.
I’ve told several young relatives that if they are ever questioned about the police about a crime to keep their damned mouths shut until a parent is on the scene. And insist the parent call a lawyer.
What did the only ones in that situation ever do? Answer Officer Friendly’s questions openly and co-operatively and never ask for any adult assistance.
These kids do not just off-handedly dismiss adult advice; the adults in their lives are smart, cynical, and unforgiving (Ignore me, and get hurt? I’ll stitch the cut myself, and then bring you to the hospital. First I’ll pour rubbing alcohol on the wound. Maybe sprinkle some salt on it.)
What happened? Pretty much nothing. Not even to the one who said something like, ‘Actually, officer, I think it would be Illegal Entry, not Breaking and Entering’ (you have to know the kid; he’s not a smart-ass, just overly analytical).
So, I say we all have a strong urge to ‘explain’ to authority figures, and professionals know how to use it.
Since no one has actually answered the OP’s question, I’ll take a shot.
The only way talking might help you is that you show to the authorities that you are cooperative. In something major like a murder, that probably won’t make much of a difference (but it can, if there are other people involved who are more culpable than you are). But in cases where there is more leeway, it can help. I have on many occasions either not filed a charge or went for a lesser charge to reward someone for being cooperative. I get lied to a lot - I like to reward anyone who tells me the truth.
I must agree with the other posters, though, that the smart move is to shut up and ask for a lawyer. Then the lawyer can work a deal with the authorities in exchange for your testimony.
Yes, but these kids are taught in school that the “police are your friends”, so why would you cooperate with them?
It just boils down to the fact that cops are allowed to lie to you, and it is never in your best interests to talk to them. Ever. Call a lawyer and let him negotiate for you…
Those videos were great. Obviously, if I’m a suspect, I should get a lawyer regardless of guilt. But what about when I’m not? Hypothetically, suppose the police are canvassing the neighborhood looking for witnesses. If I saw or heard nothing, should I say that, or even in this situation should I get a lawyer? That would seem awfully suspicious to me. What if, say, I witness a robbery? Should I get a lawyer before telling the police what I saw, even if I was just an innocent bystander? At what point does it cross the line between be cooperative and get a lawyer, exactly?
Also, if I ask an officer if I am a suspect, are they required to be truthful? Suppose I witness a robbery, and somehow they get it into their heads that I was a co-conspirator. If I ask them about my status as a suspect, can they say that they’re only interested in me as a witness?
To reiterate, I know that if I am arrested, I should get a lawyer and say nothing regardless of anything else. But no one has yet given me a clear explanation of when or if I should get a lawyer before that point.
Those were really informative (and entertaining as well). Thanks.
I have a question in addition to the ones Garula asked…
The officer in the video talked about the situation where you were pulled over by the police for speeding, and asked if you knew how fast you were going, and how admitting that you were going over the speed limit at all could be a big problem. Okay, good advice.
But what should you say when an officer asks you if you knew how fast you were going? You can’t tell the truth, because that’s confessing. Saying “I don’t know” would seem to indicate that you weren’t operating your vehicle responsibly. Is there some better answer? And how do you politely refuse to answer such a question without sounding like an obnoxious smartypants?
We can put you in a holding cell with a bunch of people and let them have their way with you. The cop would just hate to let it slip you’re a homosexual or a racist (even if you’re not)
So once again
Be cooperative and stay HERE
—OR—
Take your chances in a holding cell till the four or five hours from now when your lawyer shows up
I’m sorry, officer, but I was watching the road and my rearview mirror when I saw your lights go on, and I didn’t happen to glance at the speedometer. How fast was I going?
(And whatever he answers, your reply is a noncommittal “I see.”)
Which is, essentially, what happened to my young relatives. They were well-mannered, co-operative, and quite possibly innocent of any wrong-doing (“possibly”), so, even without ratting a friend, they both got off with simple Parental Notification.
Once you are under arrest or clearly a suspect or you have reason to believe you could be a suspect it’s time for a lawyer. Being cooperative could potentially help you with pleaing to a lesser charge and so forth, but the amount of cooperation you give should be determined by your lawyer, not yourself. You can assert your refusal to speak without a lawyer in a polite way, however, and that could be helpful.
I’m still curious though, how cooperative you should be without a lawyer if you are just a witness or potential witness or somone’s alibi, etc.