Talking in the US context. The Miranda warning says anything you say can be used against you in a court of law but never to support your case. So as I see it talking to the cops makes no sense irrespective of whether you have committed a crime or not. So why do suspects sit for hours long interviews with the cops?
Edit:- “… never to support your case”. As some commenters pointed out the Miranda warning doesn’t say that. That’s right, I meant it in an implicit way. I just saw a defense attorney’s YT video who said that’s the hidden part.
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Getting a lawyer isn’t trivial. They aren’t waiting around the police station the way an ER is staffed with doctors. It takes money. Most people don’t have a lawyer’s number in their back pocket that they can call when they get arrested.
If you request a public defender, it could be several hours before one shows up. It might be a long wait. It might be an unpleasant wait. You don’t get to leave just because you asked for a lawyer–it may take a day or two before you see a judge about setting bail. You don’t get a comfortable chair. You don’t get to make more phone calls and talk to your family. You just sit there with your fear.
A person who believes in their innocence and was conditioned to trust the police or who does not have the means to hire a ‘good’ lawyer might think that they can escape the situation by just cooperating and answering their questions. The police are also pushing this narrative.
It’s easy to do the smart thing when you feel in control of the situation. A lot of folks aren’t thinking about the smart thing; they’re just thinking about getting out of the situation.
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