# When arrested why can what you say \*only\* be used against you but never to help you? **URL:** \ **Category:** Factual Questions\ **Created:** [July 24, 2020, 2:23am UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174 "2020-07-24T02:23:29Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [July 24, 2020, 5:55pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/21 "2020-07-24T17:55:00Z")
> [@Whack-a-Mole](#): > > > [@RealityChuck](#): > > > > Note that any statement that exonerates you can also be used in court. “I didn’t kill him” could be used by the defense. > > The problem is, [as noted by the second speaker in the video](https://youtu.be/d-7o9xYp7eE?t=2531) (he’s a former police detective) is not all testimony is equal. If it is your word against the police officer the police officer will win in the jury’s mind almost always (video linked here takes you to that part). Oh, the statement alone is not enough to exonerate you. But it can be used in court by your defense. If you say, “Why are you stopping me? I just left work.” your statement can be used by the defense. They can ask the cop if the statement was made, and can then show evidence that they had indeed just left work. If it’s your word vs the cops, it’s up the the jury to determine the truth. But your words can be used by either the prosecution or the defense, depending on how they might affect the case. If the cop testifies that the defendant made a potentially incriminating statement, then the defense can ask about other statements the defendant made that could lead to reasonable doubt. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [July 24, 2020, 6:17pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/22 "2020-07-24T18:17:03Z")
I just watched the pertinent part of the video, and it’s possibly a little hair splitting. If you simply deny killing the guy, the defense attorney can’t ask the police what you said because it’s hearsay and you are free to take the stand and deny killing him- which would not be hearsay but would subject you to cross-examination. That’s what the attorney is actually talking about. I didn’t ever hear the attorney specifically mention a two-part statement where only some of it is admissible- and it may well be that once the officer testifies that you said “I hated the guy” the defense can ask about whether you said anything else during that conversation. IANAL so I’m not sure , but I know I’ve seen defense attorneys ask similar questions when a witness testifies to part of a conversation. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [July 24, 2020, 6:22pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/23 "2020-07-24T18:22:08Z")
> [@Whack-a-Mole](#): > > The defendant is already in trouble just by virtue of being there. The jury sees the defendant and assumes he/she must’ve done something wrong to get there. Then they hear a police officer or detective say all the reason why that person might be guilty and none of the reasons why they might not be guilty and not the defendant is in a hole and has to dig themself out of it. That’s right. That’s why you shouldn’t talk to the police even if the hearsay rules didn’t let you lead yourself into a trap. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [July 24, 2020, 6:29pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/24 "2020-07-24T18:29:33Z")
> [@doreen](#): > > I didn’t ever hear the attorney specifically mention a two-part statement where only some of it is admissible- and it may well be that once the officer testifies that you said “I hated the guy” the defense can ask about whether you said anything else during that conversation. IANAL so I’m not sure , but I know I’ve seen defense attorneys ask similar questions when a witness testifies to part of a conversation. The Rule of Completeness often comes into play. > Rule 106. Remainder of or Related Writings or Recorded Statements > > If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or recorded statement — that in fairness ought to be considered at the same time. ---
**Author:** ![Pantastic](https://avatars.discourse-cdn.com/v4/letter/p/3bc359/32.png) [@Pantastic](https://boards.straightdope.com/u/Pantastic)\ **Post date:** [July 24, 2020, 7:25pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/25 "2020-07-24T19:25:45Z")
> [@Procrustus](#): > > If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or recorded statement — that in fairness ought to be considered at the same time. Note that in many places, police are not required to sound record interrogations or to retain the recordings if they do. It’s quite common for a cop to record the conversation, make notes of the relevant portions of the testimony, then destroy the the recording, as it was just there to help his memory and the formal piece of evidence is the report. (I think the cop in the 2nd ‘don’t talk to the police’ interview mentions this). So even if The Rule of Completeness would apply if there was a recording, it’s quite possible that their either was no recording, or the recording was destroyed once notes were made. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 24, 2020, 7:48pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/26 "2020-07-24T19:48:20Z")
> [@doreen](#): > > I didn’t ever hear the attorney specifically mention a two-part statement where only some of it is admissible- and it may well be that once the officer testifies that you said “I hated the guy” the defense can ask about whether you said anything else during that conversation. Here ya go: [https://www.youtube.com/watch?v=d-7o9xYp7eE&feature=youtu.be&t=840](https://www.youtube.com/watch?v=d-7o9xYp7eE&feature=youtu.be&t=840) ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [July 24, 2020, 8:09pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/27 "2020-07-24T20:09:08Z")
That part is about how a completely innocent person telling the truth will always give the police some information that will help convict him - he doesn’t ever say that the defense is prohibited from asking about the rest of the conversation when the prosecutor asked the question that elicited the answer “He confessed to me that he never liked the guy”. IOW, he doesn’t actually say that the rest is not admissible, just that the prosecutor won’t bring it up. Which doesn’t mean you should talk to the police if you’re a suspect, because you really can only talk yourself into being arrested, not out of it. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 24, 2020, 9:46pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/28 "2020-07-24T21:46:33Z")
> [@doreen](#): > > That part is about how a completely innocent person telling the truth will always give the police some information that will help convict him Does that seem like a good legal system to you? ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [July 24, 2020, 10:02pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/29 "2020-07-24T22:02:40Z")
> [@TriPolar](#): > > Don’t be confused by that ‘presumed innocent’ stuff. If you’re on trial you’re presumed guilty, we don’t try innocent people. That seems excessively cynical. If there were true then 100% of all trials would result in a guilty verdict. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [July 24, 2020, 10:19pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/30 "2020-07-24T22:19:06Z")
Did I say it did? Or that I even agree that it’s true? ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 24, 2020, 10:21pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/31 "2020-07-24T22:21:45Z")
No. I asked you a question. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [July 24, 2020, 10:28pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/32 "2020-07-24T22:28:38Z")
What is the rate? Wiki tells me just for Federal courts in 2012, the US Department of Justice reported a 93% conviction rate. The figures also get skewed one way by plea bargains, but the other way by charges being dropped. I can’t imagine anyone thinks the deck is not stacked against defendants in court. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [July 24, 2020, 10:33pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/33 "2020-07-24T22:33:22Z")
> [@TriPolar](#): > > Don’t tell the police who you don’t like. You are more motivated to do bad things to people you don’t like than to people you do like. If this seems like building one misguided principle on top of another, well it is. That’s why you don’t say anything to the police. > > > [@Whack-a-Mole](#): > > > > More, why are the police and court on the side of getting a conviction? The police (and justice system overall) should be interested in putting the guilty in jail. This rule suggests they want to put the person they caught in jail. Those two things are not, necessarily, the same thing. > > Don’t be confused by that ‘presumed innocent’ stuff. If you’re on trial you’re presumed guilty, we don’t try innocent people. > [@Whack-a-Mole](#): > > > [@doreen](#): > > > > That part is about how a completely innocent person telling the truth will always give the police some information that will help convict him > > Does that seem like a good legal system to you? > [@Whack-a-Mole](#): > > No. I asked you a question. **Moderator Note** This being GQ, let’s not go down the road of what is a “good” legal system, but stick to factual issues. If you want to explore this, start a new thread in Great Debates. Colibri General Questions Moderator ---
**Author:** ![Bullitt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bullitt/32/5725_2.png) [@Bullitt](https://boards.straightdope.com/u/Bullitt)\ **Post date:** [July 24, 2020, 11:59pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/34 "2020-07-24T23:59:27Z")
I just watched the video. Fascinating, interesting, and entertaining too. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 25, 2020, 12:06am UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/35 "2020-07-25T00:06:13Z")
Here’s a 30 second summation of that whole video: [- YouTube](https://youtu.be/7XeJJtgbm2s?t=35) 😀 ---
**Author:** ![Dr\_Paprika](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr_paprika/32/3042_2.png) [@Dr\_Paprika](https://boards.straightdope.com/u/Dr_Paprika)\ **Post date:** [July 25, 2020, 12:08am UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/36 "2020-07-25T00:08:07Z")
I think the police are supposed to consider both supportive and damaging evidence. But I’m no lawyer. You can’t control their interpretation. I think “right to silence” laws in Canada also differ slightly. ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [July 25, 2020, 12:38am UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/37 "2020-07-25T00:38:08Z")
The conviction rate alone does not indicate prejudice against defendants. The prosecutors will not even bring a case to court unless they believe they have enough evidence to convict. What constitutes enough evidence to convict, and for what defendants, could certainly be unfair, but fairness can’t be proven solely by the conviction rate. ---
**Author:** ![Melbourne](https://avatars.discourse-cdn.com/v4/letter/m/b5e925/32.png) [@Melbourne](https://boards.straightdope.com/u/Melbourne)\ **Post date:** [July 25, 2020, 2:28am UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/38 "2020-07-25T02:28:08Z")
> [@CookingWithGas](#): > > That seems excessively cynical. If there were true then 100% of all trials would result in a guilty verdict. “presumed innocent” is a technical term in the legal system, like “resolution” in optics, or “discrimination” in radio engineering. For people who aren’t (radio engineers or print process workers) , It doesn’t mean that anyone presumes that you are innocent. or that the system presumes that you are innocent. (Also, the idea that if 100% of the defendants were guilty, then 100% of the trials would result in a guilty verdict, implies a legalistic interpretation of the concept of “guilty”). ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [July 25, 2020, 12:18pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/39 "2020-07-25T12:18:38Z")
> [@Melbourne](#): > > “presumed innocent” is a technical term in the legal system, like “resolution” in optics, or “discrimination” in radio engineering. For people who aren’t (radio engineers or print process workers) , It doesn’t mean that anyone presumes that you are innocent. or that the system presumes that you are innocent. IANAL but the concept is that the prosecution must prove guilt beyond a reasonable doubt. You cannot guarantee that all members of a jury have no predisposition to presume guilt, but that’s how they are instructed. Some individuals might not presume innocence, but isn’t the system supposed to do this? The system presumes you are innocent but sometimes the system doesn’t work. > [@Melbourne](#): > > (Also, the idea that if 100% of the defendants were guilty, then 100% of the trials would result in a guilty verdict, implies a legalistic interpretation of the concept of “guilty”). I’m not sure what you mean here, because I do not know where this idea has been expressed. We know that in some cases where the defendant actually committed a crime, there is not enough evidence to convict and they are not tried or they are found not guilty. (For all the crimes Al Capone committed, the only way they could get him locked up was for tax evasion.) In fact that is a conscious tradeoff of our legal system, where we value letting innocent people go free at the expense of letting some guilty people go free. However, we know that many innocent people have been convicted, and some of them have even been executed. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [July 25, 2020, 12:24pm UTC](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174/40 "2020-07-25T12:24:30Z")
> [@CookingWithGas](#): > > You cannot guarantee that all members of a jury have no predisposition to presume guilt Juries are selected by the attorneys and they weed out, as best they can, those pre-disposed to one side or the other. [Previous page](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174.md?page=1) [Next page](https://boards.straightdope.com/t/when-arrested-why-can-what-you-say-only-be-used-against-you-but-never-to-help-you/916174.md?page=3)