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Don't talk to the police (google vid's)

  • 15-07-2008 2:34pm
    #1
    albertw
    Closed Accounts Posts: 395 ✭✭


    Hi,

    Apologies if these were posted before.

    http://video.google.com/videoplay?docid=-4097602514885833865
    http://video.google.com/videoplay?docid=6014022229458915912

    It's a lecture given by a US Law professor and a police officer regarding the 5th amendment in the US. Thats the one that give you the 'right to silence' or more specifically that no person shall be compelled to bear witness against themselves. They conclude that under no circumstance should you talk to the police. Is that good advice in this jurisdiction?

    As far as I can see the Irish constitution provides a similar right. But it is not absolute like in the US. In Heaney v Ireland (1994) the supreme court decided that "the Constitutional right to silence could not extend to not answering police questions that would not involve self-incrimination such as providing your name and address when asked or providing your date of birth or nationality when asked as this information would not normally be self-incriminating." (http://www.citizensinformation.ie/categories/justice/arrests/right-to-silence-in-criminal-cases)

    Given the videos above, that ruling is interesting, since pretty much anything you say could at some point in future help incriminate you.

    From the link above it seems that inferences can be drawn from your refusal to answer Garda questions. Though I suppose this ties in to what the Professor in the video says that there is nothing stopping you telling your side of the story in court - there is just no advantage to you telling anything to the police before then.

    Cheers,
    ~Al


Comments

  • #2
    pirelli
    Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    If you can't talk to the police who can you talk too.


  • #3
    Johnny Utah
    Registered Users, Registered Users 2 Posts: 2,157 ✭✭✭Johnny Utah


    pirelli wrote: »
    If you can't talk to the police who can you talk too.

    A priest....:D


  • #4
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    There's a thread on this here already

    Its a really interesting lecture though.


  • #5
    ronnie3585
    Registered Users, Registered Users 2 Posts: 6,675 ✭✭✭ronnie3585


    pirelli wrote: »
    If you can't talk to the police who can you talk too.

    Cura cares:pac:


  • #6
    CLADA
    Closed Accounts Posts: 651 ✭✭✭CLADA


    Very interesting, when you've tried it come back and let us know how it went.


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