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.
In: Other
Literally every American should watch this video on the subject https://youtu.be/d-7o9xYp7eE?si=iecPURvBy0L1d2lG
People are wired evolutionary to share emotional/important stuff.
This is why often when something happens at work/ in relationships/ etc people need to vent.
And police interrogation is a stressful endeavor as people said.
It’s the psychology of it. Also, the cops can lie during their interview to intentionally rustle your jimmies.
Think of it like internet trolls. You are supposed to ignore them but it doesn’t always happen.
“I had the right to remain silent……..
But i didn’t have the ability..” – Ron White
I know you are asking about the US, but I can offer some insight into the UK perspective.
We don’t have “Miranda Rights” but we do have an equivalent in the form of a police “Caution”, whereby a person doesn’t have to say anything, but it may harm their defence if they do not mention, when questioned, something which they later rely on in court.
Essentially, this means that if you keep quiet during a police interview, and then raise a defence for a crime in a court room, the judge or jury can draw negative inference from the fact that you kept quiet in the police interview. In simple terms, they can assume you’ve spent the time between your police interview and court date inventing a story, rather than telling the truth.
So a person may choose not to exercise their right to remain silent if they have a legitimate defence to a crime. For example, if I’ve acted in self defense, I could say so during interview, and it would hold a lot more weight than if I only mentioned it in court.
Some of them will not understand the reasons even if a legal scholar gives them a short but in depth presentation. Nevertheless, here it is. “Don’t Talk to the Police”
Original video (19M views and counting) – https://youtu.be/d-7o9xYp7eE
[You Have the Right to Remain Innocent, with Professor James Duane](https://youtu.be/EEUhE0NbinA)
TL; DR: If detained for questioning, ask “Am i free to go?” If not, immediately say “I want a lawyer.”
***Do NOT mention anything about the 5th Amendment.***
33:15 — Rule #1: Don’t talk to the Police w/o assistance from an attorney (who will give you advise of which questions to answers and which not to.)
33:57 — Rule #2: Get it in writing.
If time is not of the essence, that is, the crime was not committed a few hours ago, but say, last week, ask the police to provide their questions in writing and you’ll provide your answers in writing. This avoids misquotations. (But if a crime was committed recently, you know what to say, “I want a lawyer.”)
Also, courts allow the police to testify that for example, when they met you, you “seemed suspiciously calm/nervous”. So providing your answers in writing avoids this bias.
“Don’t answer the question if the answer cannot help find the real (perpetrator).”
42:25 — In the real world the police will lie to you all day and all night… this is what they are trained in the academy to do, this is what they are encouraged by the courts to do. It’s not illegal…
42:43 (The police) they’ll lie in almost anyway that you can imagine, in ways that are designed to try to get you to think that’s in your interest to keep talking… they won’t tell you what they are really investigating.
44:05 The police can lie to you about whether you are a suspect, about the strength of the evidence they have against you, etc.
———————————————
Bonus #1: [SHUT THE F*** UP FRIDAY!](https://youtu.be/sgWHrkDX35o)
Bonus #2: When cops lie to you even after you were found innocent – https://youtube.com/shorts/kS0LDEUO0x4
A whole YouTube channel of people incriminating themselves during interviews with the police, plus bonus commentary from a Criminal Psychologist explaining the questions asked. Quite compelling!
https://youtube.com/@jcs
Because people think they are smarter than the detectives.
They think that they can talk themselves out of an arrest or a charge.
Why do humans make mistakes? This is what you’re asking.
Because in many cases the options are limited to talk to the cops, or proceed to booking and sit in jail until you can see a judge.
In the US, the police are allowed to lie to you.
It is 100% legal for a police office to tell you “We have DNA evidence that places you at the scene. We already can prove that you were there. We just need you to tell us exactly how it all went down. If you cooperate with us, it will help you get a lighter sentence”, even if they don’t have any evidence of any kind.
It is also 100% legal for the police to tell you “These are just some quick questions. We don’t think you’re involved. We just want to double check some details for the paperwork”, hoping that you will let your guard down and waive your right to have an attorney present while you are being questioned. They are not allowed to deny you a lawyer, but they can frame questioning in such a way that it makes you worried that you will appear guilty if you do request a lawyer.
Sometimes, they make up lies that are so convincing that people confess to crimes they didn’t commit because they are scared that no court would believe that they were innocent based on all the “evidence” the police claim to have.
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