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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Most of us aren’t used to being interrogated by the police. Most of us get nervous while getting a speeding ticket. So, when they’re doing their day to day job (which has become easy for them), the average citizen is a basket of nerves. We don’t generally make the best decisions in ultra-high-stress situations.
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.
It feels like you know you are guilty if you don’t talk. But what people need to understand is innocent people end up saying things that make them look guilty and too often get themselves convicted …or worse, they feel like they can’t prove their innocence, so they take a plea deal that makes them admit to a crime they haven’t even done because the alternative is scarier.
They also make you feel like talking will get you out sooner, and not talking will be what causes the situation to escalate into a full on case against you.
But whether innocent or guilty, wait for your lawyer to do the talking.
Because american legal rights are not REALLY taught to kids at school. There are no lessons on the topic of: “how to act with police, how to file your taxes, how to unionize” etc. Its a dog-eat-dog nation.
Because the cops are going to tell you “you did this” and “you did that”. Most people will want to speak up for themselves because the people who are arresting/accusing/holding you are saying many bad things about you.
It’s like when people spread rumors. If the rumor has enough effect of your life you will comment on it whether it’s true or not. So you have this cop/cops making a legal/criminal decision about your life and you have to hope that another random human is on your side when they are taught to be sceptical and are incentive to make arrest.
You will still get thrown in jail even if you don’t say anything and remain silent. So imagine sitting in jail innocent and now you are alone with your thoughts thinking “maybe I should have defended myself”.
Now some guilty people will think “Hey! I can’t act guilty. I have to act innocent” and start talking
Some people just really really like to lie, deceive and do dumb shit. So “right to remain silent” isn’t in their dictionary.
Because A) the tactics police are allowed (or rather, aren’t actively *disallowed*) from using in “interviews” are pretty ridiculous, such as literally being allowed to lie to you about facts related to the investigation in order to make you doubt your own memory and judgement, and B) the people that actually do commit the crime in the first place tend towards a certain area of the intelligence continuum.
Because you can still talk without incriminating yourself, it takes some brain power, but it can be done. Most people are not that intelligent, though, and most of us are social in nature, and we act on certain cues. Also cops are generally not the most intelligent, but neither are the people they are arresting. It is the detectives you have to worry about. Always ask for a lawyer if you are arrested to play it safe.
Here’s a John Oliver about police interrogations with a specific section on why people don’t keep quiet. https://m.youtube.com/watch?v=obCNQ0xksZ4 It’s not just because “people are stupid” or feel they are smarter than the police.
Because the consequences of being arrested are massive even if you don’t eventually get convicted. You can go into a police interview and get sent home, or you can get sent to jail and wait until you’re in front of a judge. That could be days or weeks. Days or weeks where you lose your job and can’t take care of your family. If you can talk your way out, you can maybe salvage your life. If you can’t, you’re in jail until your case gets heard.
It’s all fun and games to say “Just shut up and wait for your lawyer” but IRL for most people that means just sit in jail and wait until you get a Public Defender assigned. Sitting in jail is a bad option for most people for a lot of reasons.
The Reid technique, also known as good cop/bad cop does a pretty good job of frightening a suspect, and making them think they have limited to no options.
You’re taken in handcuffs to a police station. You’re placed in a small, windowless room. You’re forced to wait for long intervals and then get questioned for long intervals.
You’re locked in a small room, sleep deprived, hungry, and need to use the toilet. You’re about as uncomfortable as you can be.
Bad cop explains that they can convict you this second and exaggerates or completely makes up the consequences. ie, you’re facing life in prison no matter what you do.
Bad cop leaves and good cop explains that you actually DO have an option. You can confess to the crime, sign an affidavit, and not only do you get to go home (and eat, shower, use the toilet) you’ll probably only get probation or minimal jail time.
What the Reid technique does is basically puts you on trial without a jury. You’re tricked into thinking you have practically no options, and you’re as good as convicted. Luckily — if you confess — everything will go back to normal.
This functions like a plea bargain, but there’s no evidence and no attorneys. You take the cops at their word that they can convict you, and then agree to whatever they say.
This type of interrogation ought to be outlawed, but it’s used because it’s successful at getting guilty people to confess. But it’s so stressful that sometimes it gets confessions to crimes that the accused didn’t commit…
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