re: Do We Need Laws To Prevent Investigators From Using Certain Interrogation Methods?

if abuse of the handicap was a crime I'd be in prison for life for what I do to you every day on this board

what we're all thinking
there are laws against this are those laws broken, yes

but asking should we have a law is plain ignorant

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All you say is, "Lawyer".

Then, shut the frick up. Period.

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It is also important to note that when you invoke your "Right to remain silent" that you do just that. It doesn't matter if they ask you if you would like a drink of water, you do not answer. In no way do you give them any out whatsoever to say or imply in any way that you willfully entered into a conversation. They will use multiple tactics in effort to get or keep you talking. You say one word, one time, "Lawyer".

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All you say is, "Lawyer".

Then, shut the frick up. Period.

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This is really an odd thing for me. While generally a tertiary part of my practice since I run the litigation arm of a firm I have done hundreds of criminal trials over the last 28 years and the majority of the people I have represented are reasonably well educated many with post-grad degrees and there was a significant percentage of them that gave statements against their best interest to the police. They almost always related to me that since they were not guilty they could eliminate themselves from suspicion and help the police.

Being arrested has the effect of people acting quite differently than they think they would. In fact, over time I have learned that people who just say "lawyer" are probably guilty and it is likely that it wasn't their first rodeo. Most other people end up talking to some extent and are especially susceptible to "informal questioning".

No Investigator wants to put the wrong person in prison for a crime they didn’t commit.

Confessions are usually the last piece of evidence that an Investigator is trying to add to a criminal case.

There is usually a mountain of physical, digital, and personal evidence pointing to the suspect by the time they are in the box and the Investigator is seeking a confession.

I am not going to go into detail about the methods and operations that are used, but most aren’t just going to produce a false confession without a very low IQ from the suspect and a lengthy amount of time and pressure.

Interrogations are all about leverage. If you have it, it’s not difficult to get a suspect to confess if they are talking.

The most effective technique that I use is the appeal to morality. Most people are inherently remorseful for their crimes against other people. If you can build a strong enough rapor, leverage the evidence you have, and build on someone’s moral compass you have given it your best shot.

Some people will deny their crimes to the end. In those cases, you can use the lack of remorse and accountability against them.

And while we are at it, for the millionth time law enforcement is not the problem in this country. Stop biting into to these cherry picked small instances of corruption and assuming they are wide spread. The vast majority of cops in this country are high character moral people seeking to find justice and hold others accountable for what they have earned.

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No Investigator wants to put the wrong person in prison for a crime they didn’t commit.

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BATON ROUGE - Documents say a federal civil rights lawsuit against Scott Perrilloux, district attorney for three parishes, will go forward after a judge issued a ruling against the D.A. Monday.

In the lawsuit, Perrilloux is accused of coercing an alleged witness to fabricate testimony in a 2002 capital murder case against Michael Wearry. The testimony helped put Wearry on death row for the murder of a 16-year-old pizza delivery boy.

Perrilloux and former Livingston Parish Chief of Detectives Marlon Kearney Foster allegedly used threats and intimidation to get the then 10-year-old Jeffery Ashton to falsely say he saw Wearry and other defendants near the murder scene.

WWL-TV spoke with Ashton, now 30, after he recanted his testimony. He now says he was nowhere near the crime scene and never saw Wearry.

“I seen none of that,” he said. “On the night that everything happened, I was not in Springfield, period. We was at the Strawberry Festival."

Ashton said Perrilloux and Foster told him what to say.

Wearry was convicted of first-degree murder and sentenced to death. The high court threw out his conviction due to prosecutors withholding evidence from his defense team.

Wearry took a deal and plead guilty to manslaughter.

LINK