If the detective wasn't so busy typing up your statement. . . He'd say, 'Son, you are ignorance personified, and you just put yourself in for the murder of another human being'. He might even admit to you that after all his time working murders, he's still amazed that anyone utters a word in this room. When you came through those doors, what did the sign say? Homicide Unit, that's right. And who lives in a Homicide Unit? And what do homicide detectives do for a living? You got it. . . So when you opened your mouth, what in God's name were you thinking? – Detective Frank Pembelton, Season 5 Homicide: Life on the Street
This stark and disturbing quote comes from the 1993 police procedural television show Homicide: Life on the Street. In this scene, the detective looks directly into the eyes of a suspect, who after being read his Miranda rights in the police station, makes a full confession to a brutal murder. Despite knowing where he was and knowing the role of the police, he gave a statement anyway. The detective speaks in utter disbelief that a suspect would do that.
I’m not a huge fan of making parallels between television cop shows and real life, because frankly they aren’t the same. But I think this quote strikes at a very real world lesson to be had, regardless of the crime at hand.
When you are in police custody, you have a 5th Amendment right to remain silent.
A custodial interrogation means questioning by police when you have either been taken into their custody or you are otherwise deprived of your freedom. (Miranda v. Arizona, 384 U.S. 436 1966). It is 100% a natural human trait to want to explain or justify or clarify or correct. But while you are focused on the story you want to tell or the information you think is valuable, the police are taking their own inventory of what you are saying. When you are speaking with the police, despite their demeanor, you are not speaking with someone who has YOUR best interest at heart. You are speaking with a trained professional who is doing their job. Most times when the police speak with you in these situations, they already have an idea of what they know or what they want to hear. No matter how quick on your feet you think you are, most times you will only end up hurting yourself.
‘But if I remain silent, won’t they think I’m being difficult or disrespectful?’ – Don’t mistake tone or language for your message. The message is that you are exercising your right to remain silent; you are protecting yourself. There is absolutely nothing disrespectful about protecting your interests and remaining silent.
‘But if I remain silent, won’t the police think I’m guilty?’ – Chances are they probably already think you are. But the good news is that they aren’t the ones who determine guilt or innocence, that’s up to the trier of fact (the jury). The police’s opinion on what you did or did not do is irrelevant, protect your interests and remain silent.
Law enforcement’s role is to make arrests, your role is protect yourself. Whether you are in custody for a disorderly persons offense or a felony, the idea remains the same – exercise your right to remain silent. Giving a statement to the police will likely only help the police build their case against you.
If you have been charged with a crime, reach out to an experienced attorney who can help. Even if you have already spoken to the police, there is still work to be done. If the police reach out to you to give a statement, speak with an experienced attorney first.
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