Why even innocent people shouldn't talk to the police

Thanks to American Bar Association Family Law Section members who alerted me to this very interesting discussion, and also J.D. Tucille, blogger of "Disloyal Opposition." [Hint: Just to the left of the Google image, is a little icon that, if clicked, will give you a full-screen view of this lecture. Hit the ESC key to leave full-screen view.]

J.D. Tucille states:

In one of the more engaging, convincing and easily understood presentations I’ve ever seen, Prof. James Duane of the Regent University School of Law explains why even angels devoid of the slightest moral blemish should never speak to police officers, tax collectors or other law-enforcement agents investigating crimes. Duane assumes no malice on the part of the police — just human failings and motivations. In a 27-minute lecture, he details the legal pitfalls people can wander into even by telling the absolute truth.

Tucille also writes:

Responding in the same classroom to Prof. Duane, Office George Bruch of the Virginia Beach Police Department says … the professor is absolutely right.

This is really worth watching.

                  

Comments

[DougDante]

Interestingly, many of the pitfalls that Professor Duane explains also apply to meetings with custody evaluators in Michigan. In particular, through closed door meetings without lawyers, witnesses, or a written record, custody evaluators can amplify and reinforce the false statements of the parties.

One dad told me how he felt the custody evaluator in his case picked and chose facts in his/her evaluation. (tiny url dot com slash 69mblv)

Given child custody survey results show that referees follow custody evaluator recommendations 95% of the time, and judges follow those referee rulings 100% of the time. (tinyurl dot com slash 623d5r)

A custody evaluator who makes an incorrect human judgment, believing a party who lies, or who mistakenly mis-remembers the facts of a particular case, and makes a recommendation based on false recollections, can make a recommendation, virtually a ruling, which can seriously restrict a parent's ability to care for his or her children.

Unfortunately, many parents have little choice in the matter, and will be compelled by the court to meet with evaluators. Most of these parents will not have a lawyer, or even a credible witness, present during such meetings.