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Innocent Adults Are Easy To Convince They Committed a Serious Crime

binarstu (720435) writes "Research recently published [link is to abstract only; full text requires subscription] in Psychological Science quantifies how easy it is to convince innocent, "normal" adults that they committed a crime. The Association for Psychological Science (APS) has posted a nice summary of the research. From the APS summary: "Evidence from some wrongful-conviction cases suggests that suspects can be questioned in ways that lead them to falsely believe in and confess to committing crimes they didn't actually commit. New research provides lab-based evidence for this phenomenon, showing that innocent adult participants can be convinced, over the course of a few hours, that they had perpetrated crimes as serious as assault with a weapon in their teenage years."

291 comments

  1. The average human being by Anonymous Coward · · Score: 5, Insightful

    Is a gullible idiot.

    1. Re:The average human being by Anonymous Coward · · Score: 0

      Or perhaps they all have perpetrated crimes as serious as assault with a weapon in their teenage years. They just wouldn't have to face the 80's hit music before.

    2. Re:The average human being by ShanghaiBill · · Score: 5, Interesting

      Is a gullible idiot.

      Yes they are, and our justice system should take that into account. Confessions should not be admissible as evidence in court unless the jurors are given a full, uncut tape of the interrogation that led up to that confession. Way too many people have been tricked or pressured into confessing to something they didn't do. In the 1990 Central Park jogger case several falsely accused, and subsequently convicted, teenagers claim that they were told they could go home if they confessed.

    3. Re:The average human being by Anonymous Coward · · Score: 1

      Good thing some banana republics have the death penalty and kill them.

    4. Re:The average human being by Anonymous Coward · · Score: 5, Interesting

      Confessions should not be admissible as evidence in court unless the jurors are given a full, uncut tape of the interrogation that led up to that confession.

      Along with that, jurors should be allowed to directly question attorneys and witnesses.

    5. Re:The average human being by blackbeak · · Score: 4, Insightful

      Confessions should not be admissible as evidence in court unless the jurors are given a full, uncut tape of the interrogation that led up to that confession. Along with that, jurors should be allowed to directly question attorneys and witnesses.

      And informed of the jury nullification option.

      --
      Everything and its opposite is true. Get used to it.
    6. Re:The average human being by ArmoredDragon · · Score: 2

      Well actually you can walk into a police office and tell them you just murdered somebody, but unless they can prove it you'll never go to court, never mind go to jail. Of course, you can act as a pretty good witness to your own prosecution (i.e. telling them where you buried the body) but again there has to be substantial evidence to prove that you yourself aren't lying (such as in the case of where the person is missing but there's no body.)

    7. Re:The average human being by TheWanderingHermit · · Score: 1

      It's not about just gullibility.

      Anyone who's read or studied or even gone lightly over the research of Elizabeth Loftus will not be surprised by this and will know it's about more than just gullibility.

    8. Re:The average human being by Anonymous Coward · · Score: 0

      Is a gullible idiot.

      And the rest are manipulative asshole scum.

    9. Re:The average human being by ron_ivi · · Score: 1

      Is a gullible idiot

      So wonder how many of the GuantÃnamo confessions worked this way.

    10. Re:The average human being by PopeRatzo · · Score: 1

      The average human being is a gullible idiot

      And half of them are even more gullible than that.

      --
      You are welcome on my lawn.
    11. Re:The average human being by MillionthMonkey · · Score: 2

      What's really shocking is that fully half the population has below-average intelligence!

    12. Re: The average human being by zaphirplane · · Score: 1

      The average human thinks they are better than average

    13. Re:The average human being by ShaunC · · Score: 1

      Well actually you can walk into a police office and tell them you just murdered somebody, but unless they can prove it you'll never go to court, never mind go to jail.

      You'd have a decent chance of involuntary commitment to a psychiatric hospital.

      --
      Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    14. Re:The average human being by ArmoredDragon · · Score: 1

      Not at all. To have that happen they have to prove that you're a physical danger to yourself or somebody else. Simply being eccentric, insane, or even being a criminal sociopath who defrauds people doesn't have a chance of landing you there.

    15. Re:The average human being by ArmoredDragon · · Score: 2

      To add to that: Even if they can prove it, a doctor has to agree with it, and a supervising physician can let them out at any time.

    16. Re:The average human being by x0ra · · Score: 1

      I guess the socket wrench was more persuasive in GitMo.

    17. Re:The average human being by nbauman · · Score: 1

      Well actually you can walk into a police office and tell them you just murdered somebody, but unless they can prove it you'll never go to court, never mind go to jail.

      Somebody actually did that and wound up getting convicted and sent to jail.

      As I recall, he was in one state (Florida?) and didn't have money to get home to another state (New York?) so he walked into a police station and "confessed" to a crime he never committed. He thought he could just revoke the confession when he got home, but it didn't work that way. Once you confess to something, the juries always convict.

      I think he was finally released after many years in jail.

    18. Re:The average human being by nbauman · · Score: 3, Insightful

      Those kids really screwed the public over with their lies. We wasted over a million dollars and well over two man-years because they decided to lie and take credit for something they didn't do. I was shocked when I was in NYC in 2002 when they were released. There was no talk of charging for their crimes. They kept the police from pursuing the real rapist which allowed him to hurt other women. They are responsible.

      The kids weren't responsible for those lies. They told the truth at first. They were coerced, manipulated and told to lie by the cops, who used methods like the Reid Technique which have been proven to produce false confessions. The cops were responsible for those lies, for wasting over a million dollars and for not convicting the real rapist. And that's what the courts decided when they awarded the kids millions in damages.

      You might as well prosecute the defendants in the Stalin purge trials for lying.

    19. Re:The average human being by Anonymous Coward · · Score: 0

      Please, courtrooms are already zoos. Have you ever served on a jury? Most jurors are the same as the general public, drooling dolts. They vote for whomever manages to capture what limited attention resources they possess, for the longest period.

    20. Re:The average human being by ArmoredDragon · · Score: 2

      In order for that to have happened, they had to have some other evidence that corroborated with what the guy was saying, either that or he just happened to guess some of the details of the crime that only the killer would have known (which that's actually happened before on people who weren't admitting to anything; they were tricked into saying things about the crime scene that only the killer should have known.)

    21. Re:The average human being by seededfury · · Score: 1

      The average human being is also classified as a criminal by most federal standards.

    22. Re:The average human being by ShanghaiBill · · Score: 1

      Along with that, jurors should be allowed to directly question attorneys and witnesses.

      That is the way that military courts work. I have been on several court martial boards (juries), and we were allowed to ask questions directly to the attorneys, witnesses, and even the defendant (if he chose to waive his 5th amendment rights). It not only helped clarify issues, but it also sped up the trial, because the attorneys could tell from the questions what the jurors understood, and what the open issues were.

    23. Re:The average human being by Anonymous Coward · · Score: 1

      Joke works for median, as opposed to arithmetic mean.

    24. Re:The average human being by ShanghaiBill · · Score: 1

      Those kids really screwed the public over with their lies.

      The police pressured, coerced, and lied to them. They deprived them of sleep. They told them they could go home if they confessed. Blaming these naive young kids for what happened is absurd.

      We wasted over a million dollars ...

      Way, way more than that. The city of New York eventually settled a malicious prosecution lawsuit for $41 Million. Those kids deserved every penny of it for what the system did to them.

    25. Re:The average human being by Anonymous Coward · · Score: 1

      And for a normal distribution, such as the distribution of intelligence, median = arithmetic mean, so the joke works anyway but I think we've killed it.

    26. Re:The average human being by Anonymous Coward · · Score: 1

      Or perhaps they all have perpetrated crimes as serious as assault with a weapon in their teenage years. They just wouldn't have to face the 80's hit music before.

      If were RIckrolled repeatedly over the course of three hours, I would probably admit to anything to make it stop.

    27. Re:The average human being by nbauman · · Score: 1

      I wish I had the actual news story to show you. The point was, he believed exactly what you do. But it wasn't true.

      He thought that he could confess, retract the confession, and they couldn't convict him without some other evidence, because he wasn't really guilty.

      He believed false convictions in a murder case just couldn't happen in this country.

      However, as the New Yorker article said http://www.newyorker.com/magaz... when a jury has a confession, they always believe it. Even if the suspect retracts it, even he was manipulated into confessing, even if the police lied, and even if there's independent evidence that he's innocent.

    28. Re:The average human being by fph+il+quozientatore · · Score: 2

      Normal distributions make sense for real numbers. How are you converting "intelligence" to a real number? If you are using IQ, then it's not normal (it can't be, since it's bounded below by zero and a normal extends to infinity both ways).

      --
      My first program:

      Hell Segmentation fault

    29. Re:The average human being by Anonymous Coward · · Score: 0

      Anything you say can and will be used against you, NEVER for you. Never say anything until you are in a court room in front of a judge and jury. If they do not have enough evidence to get you into a court room, don't give it to them.

    30. Re:The average human being by war4peace · · Score: 1

      Doesn't matter which frame of reference you use.
      Say you go absurd and link intelligence with weight. There's still gonna be an average, a median and 50% of the population lower / higher than that. And given the very large values (full Earth population, around 7B souls), there will be normal distribution simply because there are so many data points.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    31. Re:The average human being by Anonymous Coward · · Score: 0

      Unfortunately it's the opposite. Right now, you will be asked indirectly if you know what jury nullification is, and if you do you will not be selected for the jury.

    32. Re: The average human being by Sique · · Score: 1
      Actually, the distribution will be normal, because the IQ is defined to be normally distributed. For each task in the test, the points awarded are carefully tested with many probands, and the weights calculated until the resulting score has a normal distribution.

      There is not reason why a distribution in general should be normal, and many of them aren't.

      --
      .sig: Sique *sigh*
    33. Re:The average human being by Anonymous Coward · · Score: 0

      The average human is not a real human. As soon as you are dealing with an actual human averages do not apply. I really thought /. readers where smarter then the average reader... Pun intended!

    34. Re: The average human being by Anonymous Coward · · Score: 0

      But a surprising number are: c.f. Central Limit Theorem

    35. Re: The average human being by Anonymous Coward · · Score: 0

      Thanks, I will try that.

    36. Re:The average human being by KermodeBear · · Score: 4, Informative

      I wasn't familiar with the Reid Technique, but once I learned what it was, it struck me as an incredibly unfair and abusive interrogation technique. It's also the technique we see often on a lot of those police investigation television shows: There's a presumption of guilt, all of the questions are loaded. I never knew it had a name, I always called it, "The Asshole Interrogation Technique," because you have to be an asshole to use it.

      For those who are interested, the Wikipedia has a short article but The New Yorker has a much more interesting one.

      --
      Love sees no species.
    37. Re:The average human being by Megol · · Score: 1

      Remember: that includes you. Yes me too. The only difference is _how_ a person is a gullible idiot.

    38. Re:The average human being by anegg · · Score: 1

      Is it your premise that the kids exhibited extremely altruistic behavior in confessing to a crime that they didn't commit, the confession to which put them in prison, in order to protect the real criminal so that he could remain free and commit more crimes? And that they did so without any sign that they would ever receive any reward for such behavior?

      Occam's razor suggests to me that the kids were psychologically manipulated into confessing. The real failure was in the investigators rushing too quickly to judgement.

    39. Re:The average human being by Anonymous Coward · · Score: 2, Interesting

      Jurors are *way* too stupid for that.

      Seriously, have you ever served on a jury? If so, I imagine they immediately picked you as jury foreman and basically let you do all the thinking for them.

      Except for the one holdout who decided the guy was guilty of all charges before hearing any of the evidence.

      The jurors on the jury I was on had trouble understanding the simply-explained concept that "all four of these points must be true in order for him to be guilty. If any one of these is false, then he is not guilty." The judge did a good job explaining this. But the jurors immediately said things like "well he is definitely guilty because he did these three things no question." They thought that the obviousness of the three things meant that the fourth didn't matter.

      Jurors think slopily. They will ask questions that are completely irrelevant to the law and use that to form an opinion as to whether or not what someone did was morally right, and then use that to incorrectly convict (or not convict).

      The current process of arriving at jury instructions involves both lawyers as well as the judge. Though it takes some power away from the jury, in my opinion it is absolutely necessary because jurors are stupid.

    40. Re:The average human being by murkwood7 · · Score: 1

      Not at all. To have that happen they have to prove that you're a physical danger to yourself or somebody else. Simply being eccentric, insane, or even being a criminal sociopath who defrauds people doesn't have a chance of landing you there.

      My first thought to this is: "What country do you live in? Where reality has something to do with the court system?" .\:p/.

      In my country (USA), everything depends on what the definition of the word 'is' is. And the only ones qualified to even discuss the issue are lawyers. Because, of course 'the truth' is 'vastly overated'.

      --
      - X/Y -
    41. Re: The average human being by war4peace · · Score: 1

      There is not reason why a distribution in general should be normal, and many of them aren't.

      If they're nor large enough or random enough, yes.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    42. Re: The average human being by Anonymous Coward · · Score: 0

      That is the entire point of nullification. If I don't think what you did was morally wrong or as morally wrong as locking you in a cage filled with rapists I negate the law. Jurors outrank all government as direct representatives of the people.

      The lawyers and judges often forget their duty is to serve justice and the spirit of the law. Technical points of its letter are only a secondary consideration.

    43. Re:The average human being by nitehawk214 · · Score: 1

      Is a gullible idiot.

      Yes they are, and our justice system should take that into account. Confessions should not be admissible as evidence in court unless the jurors are given a full, uncut tape of the interrogation that led up to that confession.

      Oh theydo take it into account. By using this to trump up charges and get confessions for people that may be innocent, and generally abuse the justice system.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    44. Re: The average human being by jakesyl · · Score: 1

      But which way should the camera be facing? Studies show that it greatly changes the outcome of cases

    45. Re:The average human being by anegg · · Score: 2

      I created a ridiculous straw man argument claiming altruistic behavior because I thought that the idea that the individuals who were coerced into confessing were responsible for the outcome was ridiculous. I thought that my statement dripped with enough sarcasm that it would be obvious. Since the individuals in question could not possibly have hoped to profit from their coerced confessions (even though they were ultimately awarded a large settlement), I'm not sure what other reason for their behavior other than altruism could be given, given the assumption in the posting to which I was replying that their confessions were an intentional outcome on their part for which they could be held responsible.

      I'm a little fuzzy on how the position I took makes me a "Republican troll." Could you explain that to me?

      If it isn't clear, I think that the practice of coercing confessions is bad. I think that the outcome of a coerced confession from not guilty people isn't limited to putting "not guilty" people behind bars, but extends to letting the "guilty" remain free to commit further crimes. If anyone coerces a confession, using psychological techniques that are known to result in false confessions, then they are responsible for the outcomes, not the ones from whom the confessions are coerced.

      I'm not sure what these beliefs have to do with being "Republican" or "Democratic". I would have expected a "Republican" slur to have been thrown at me for supporting coerced confessions in the name of law and order, or something like that, not from attacking what may be a common "law and order" practice. No one has every accused me of being too bright about political stereotypes, however.

      Cheers, Mr. Anonymous Coward. I hope you have a nice day.

    46. Re:The average human being by __aaltlg1547 · · Score: 1

      One more reason to never talk to police without your lawyer present. In fact, not even then. You talk to your lawyer and your lawyer relays what you said, in carefully edited form, to police. That way what you say can never be used against you.

    47. Re:The average human being by wallsg · · Score: 1

      Along with that, jurors should be allowed to directly question attorneys and witnesses.

      In Arizona at least jurors can submit questions to the judge. The judge determines if the question is reasonable and if so asks the witness. I asked a question in a check kiting case that was being prosecuted under RICO many years ago.

    48. Re: The average human being by Sique · · Score: 1
      Just some examples of non-normal distributed events:
      • Most things related to speech and text: Distribution of letters, of words, of word length etc.pp. (a phenomenom called Zipf's Law).
      • The height of the Earth's surface: It has two large maxima, one at sea level, and another one at about 10,000 feet depth.
      • Income, sales, wealth and other economic numbers (Pareto's Law).
      • The size of lakes, the length of rivers and other geographic numbers.
      --
      .sig: Sique *sigh*
    49. Re:The average human being by Anonymous Coward · · Score: 0

      If you were to tell them you just murdered somebody when in fact you knew you didn't, you would very likely face charges for filing a false report and/or obstruction after the investigation established there had been no murder.

    50. Re:The average human being by beastofburdon · · Score: 1

      I fully agree. The jury should be completely aware of the psychological torture which the defendant was subjected to. Neither the police or the prosecution cares anything at all about justice. All they care about is a conviction, even if they know for certain that the defendant is innocent.

    51. Re:The average human being by beastofburdon · · Score: 1

      Are you kidding? Have you never heard of someone going to jail for rape decades after it happened? There is never any evidence other than the testimony of the accuser, and there is usually a guilty verdict. Evidence has very little to do with our justice system.

    52. Re: The average human being by beastofburdon · · Score: 1

      Simple, it should be facing both ways. If the police cannot prove they are not holding a gun to the head of the defendant it should be assumed that they were holding one.

      There is one overarching constant in this world and that is authority should never be trusted.

  2. Wouldn't work on me by russotto · · Score: 2

    Can't fool me. I didn't do it. I've got a record of the charges being dismissed.

    1. Re:Wouldn't work on me by FirephoxRising · · Score: 1, Insightful

      Doesn't work on everybody, but experiments show that most people will even electrocute people when told it's the right thing to do by the "authorities". http://en.wikipedia.org/wiki/M...

    2. Re:Wouldn't work on me by fustakrakich · · Score: 1

      I didn't do it. Nobody saw me do it. You can't prove a thing.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Wouldn't work on me by Anonymous Coward · · Score: 0

      Personally, myself, I didn't do nuffin'

    4. Re:Wouldn't work on me by Anonymous Coward · · Score: 1

      Of course they will. REALITY has shown that when you refuse to obey the "authorities", the "authorities" can make your life a living hell/legally kill you so its better to shut up and fry the poor guy's ass.

      http://en.wikipedia.org/wiki/Hollywood_blacklist
      http://en.wikipedia.org/wiki/House_Un-American_Activities_Committee
      http://en.wikipedia.org/wiki/Red_Scare

    5. Re:Wouldn't work on me by Opportunist · · Score: 1

      I didn't do it, and I swear on my gramma's grave I won't do it again!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    6. Re:Wouldn't work on me by Anonymous Coward · · Score: 0

      How is this insightful? Those situations involved people making threats of destroying people's lives with examples of them following through on it, which is a hell of a lot different than someone dressed authoritatively standing around. Authority that has the ability to destroy your life will make it explicitly clear when they are trying to use that to coerce someone.

    7. Re:Wouldn't work on me by WolfWithoutAClause · · Score: 1

      Just tell us where you buried your gramma and we'll let you go.

      --

      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    8. Re:Wouldn't work on me by Opportunist · · Score: 2

      Why yeah, she's back in the garden, the pot grows way better where she's lying. Erh... the basil, I mean.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  3. With our out-of-control gov't, NONE are innocent by Anonymous Coward · · Score: 0

    Given the crazy volume of laws imposed by our governments, it's almost certain everyone commits multiple crimes daily.

    Can we get rid of that, please? They DON'T know what's best for me.

  4. Here's an interesting follow-up idea by BarbaraHudson · · Score: 5, Interesting

    What would be interesting would be to see what a polygraph says about their false memories. Can it distinguish between an event that occurred and one that was from a false memory? If not, that would be the final nail in the coffin.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    1. Re:Here's an interesting follow-up idea by preaction · · Score: 1

      No. Polygraphs measure your involuntary responses. Lying is stressful. Lying to people trying to tell if you're lying even more so. If you believe it, you'll pass the polygraph just fine.

    2. Re:Here's an interesting follow-up idea by Carewolf · · Score: 4, Insightful

      What would be interesting would be to see what a polygraph says about their false memories. Can it distinguish between an event that occurred and one that was from a false memory? If not, that would be the final nail in the coffin.

      What coffin? Polygraphs are a hoax intended to scare stupid criminals into confessing. It does even work on real memories, why would it work on false ones?

    3. Re:Here's an interesting follow-up idea by Slashjones · · Score: 2

      I would fail the polygraph even if I was telling the complete truth. If you're a nervous person (and I can't imagine many people wouldn't be under those conditions), then you're screwed. Polygraphs are good for absolutely nothing; mere pseudoscience.

    4. Re:Here's an interesting follow-up idea by Anonymous Coward · · Score: 2, Interesting

      During a polygraph examination, the polygraph is entirely a prop. At some point, the examiner will say something like "the machine says that's not true, are you really being completely truthful and forthcoming here?" The way you "fail" a polygraph examination is if you TELL the examiner that you were lying, and the polygraph is a prop to help him get you to do that. You could replace the polygraph with a crystal ball or a deck of tarot cards and the whole thing would work just the same way.

    5. Re:Here's an interesting follow-up idea by MillionthMonkey · · Score: 1

      Actually, the Voight-Kampff test seemed to work pretty well in Blade Runner, but I wouldn't want to administer it.

    6. Re:Here's an interesting follow-up idea by Anonymous Coward · · Score: 3, Informative

      I did fail a polygraph even though I was telling the complete truth. It was a full scope polygraph for a Federal agency. The polygraph examiner - a LEO - then interrogated me for a bit, accusing me of various crimes that he thought I was likely to have committed. While I was disappointed in the outcome, I took advantage of the exchange to observe real-life interrogation techniques. I noted the following:

      1. Building up my ego. He told me that, with my experience, he thought I'd be an excellent candidate for the job. I think this was supposed to make me like him, to re-establish the rapport he believed was broken when he told me I failed the test.

      2. Claiming he wanted to help me. I just had to give him something he could give to the adjudicators, so they could authorize a retest. From my reading, I knew that post-test admissions are automatically disqualifying. This is the oldest trick in the book - the subject is put in a position of distress, and the interrogator offers to help in exchange for information. Naturally, anything that is divulged will be used against the subject later.

      3. Claiming anything I told him would be just between me and the agency. They weren't going to share anything with my employer, another Federal entity. This was a lie, of course. Pre-employment polygraph results are provided to other Federal agencies for periodic reinvestigations.

      4. Making unrealistic claims about the polygraph itself. The examiner told me that, in every case he has seen, evidence of deception on the polygraph was backed up by facts. From official US government sources, I knew only about half of such cases were substantiated by confession or investigation.

      Having been through the wringer, or at least a light version of it, I can see how a person disposed toward trusting authority figures could be manipulated into making a false confession. The interrogator presents himself as an ally and offers to help while minimizing negative consequences of cooperation. Since the interrogator's definition of cooperation is "give me something I can use against you," the compliant person sees substantial benefit and little harm in making a confession, even a false one.

      The polygraph, of course, is mainly a prop to elicit confessions. A DNI said as much to Congress a few years ago. And consider this: In the CIA's detention program, probably the most important interrogation program in modern American history, they didn't even bother polygraphing their detainees when they thought they might be lying.

    7. Re:Here's an interesting follow-up idea by Anonymous Coward · · Score: 1

      You needn't even tell the polygraph examiner you were lying. The clever examiner tells you you failed, then asks what you were thinking about. You weren't lying, and you are eager to prove your honesty, so you tell the examiner what you were thinking about, and that's what they really want. For that reason, polygraph examiners will ask fairly specific questions that do not entirely encompass the scope of their interest.

    8. Re:Here's an interesting follow-up idea by AK+Marc · · Score: 1

      Point of order, you didn't fail the test. You were told you failed. An actual failure must be documented, with the results given per-question and raw data given so a re-reading of the results is possible. You were interrogated. There's a difference.

      A "real" polygraph wouldn't follow the pattern you gave. He "accused" you of various crimes. In a "real" polygraph, the questions should all be presented before the test, so that no question is a "surprise". You may have been properly prepped, but the manner in which you described it isn't how it should happen. In an interrogation, the test is a "failure" 100% of the time, and they use the failure to abuse and harass, but doesn't give useful information. If you "pass" it's proof that the person being tested is lying, and has been trained to beat a polygraph.

    9. Re:Here's an interesting follow-up idea by preaction · · Score: 1

      That's not a lie detector, it's an empathy detector. Tyrell thought he could give androids empathy by giving them memories, but he was mistaken.

    10. Re:Here's an interesting follow-up idea by MillionthMonkey · · Score: 3, Funny

      Tyrell was a moron. He got so distracted by that chess game that he let a replicant get into his house and crush his eyeballs! It was 2019! Why didn't he have a security camera in his elevator?

    11. Re:Here's an interesting follow-up idea by Anonymous Coward · · Score: 0

      I took a polygraph test as part the single scope background investigation they did on me so I could get a security clearance in 2001. I do not remember if I received questions beforehand, but I was definitely not told the results. What I do remember is getting much of the same type of questions and the same type of "if you let me know now, it will not be as bad for you" and "I am just trying to help you" type things said. However, I had already gone through similar interviews without a polygraph test, such as medical interviews, and heard the same song and dance there as well. By the time I had the interview with the polygraph I was already tired of hearing the same bullshit lies that the polygraph interview did not phase me as much as it did the other AC, so I cannot fully remember if my experience exactly mirrors, just that it was similar.

      Oh, but I did get my security clearance. And still have it.

    12. Re:Here's an interesting follow-up idea by AK+Marc · · Score: 1

      If you want to piss off the test giver, feel free to talk about he answer like you have something to say. They require yes/no answers. But they'll ramble on in the questions, and if you ramble back, then the test giver is the one that fails.

      I've never had a chance to go for clearance. Despite it being illegal, the jobs that require it only hire those already with it. So ex-military get jobs they can't do because you can bill a warm body that's not doing the job (but could, if they had the skills) but can't bill a warm body banned by law/clearance from working on the project.

    13. Re:Here's an interesting follow-up idea by sjames · · Score: 1

      No, a polygraph only reacts (when it reacts at all) to your fear and stress. It can as easily be your fear that it will be read wrong and you won't be believed as it can be fear that it will correctly indicate your lies.

      But it absolutely cannot determine the 'real truth', even in half-baked theory. Even the cool-aid drinkers believe it can only indicate if you are stating what you actually believe or not. So if you believe you did it and you say so, the theoretical perfect polygraph will confirm.

    14. Re:Here's an interesting follow-up idea by sjames · · Score: 1

      I've seen it done with a colander and a xerox machine. The cop pre-loaded it with a piece of paper that said "He's Lying" and every time he suspected a lie he pressed the copy button behind his back. The fool suspect confessed.

    15. Re:Here's an interesting follow-up idea by mobby_6kl · · Score: 1

      Yeah I've seen that too.

      In The Wire.

    16. Re:Here's an interesting follow-up idea by Anonymous Coward · · Score: 0

      What coffin? Polygraphs are a hoax intended to scare stupid criminals into confessing. It does even work on real memories, why would it work on false ones?

      I think it's the other way around: The point is that a real criminal could possibly use the false-memory technique to plant an alternate reality in is head and thus convince himself that he didn't commit the crime, so he wouldn't show stress symptoms when subjected to a polygraph test.

    17. Re:Here's an interesting follow-up idea by Moof123 · · Score: 1

      With all due respect, you don't make much sense. I took and passed a polygraph to work for the CIA about 15 years ago. Mine went easy, but the previous poster's experience was typical for about half the group who didn't do so well. One guy got screamed at be for clearly being a terrorist. Of course he still got to ride with the rest of us future employees back to the hotel in the un-marked blue van, telling you how much of a threat they deamed him. Polygraphs are a crock, and interogations are likely not much better, but thankfully I have never been on the wrong side of one of those.

      All your claims about "real" polygraph tests sound like something you read on the interwebs.

    18. Re:Here's an interesting follow-up idea by AK+Marc · · Score: 1

      All your claims about "real" polygraph tests sound like something you read on the interwebs.

      Probably. The interwebs generally gets a hold of training manuals and such. I was "trained" by a professional test giver. The "ideal" is likely what you'd see on the interwebs, taken from "official" manuals. The rest was from how a trained administrator relates how they are used in criminal investigations (and to a lesser extent, job interviews).

      People like me could never pass a polygraph. They'll ask me if I ever used illegal drugs, and I'll say "no". They assume that's a lie, as everyone does it (including the last 44 presidents). From there, it turns into a game, trying to get me to confess to something I've never done. "If you confess, it'll all be over". That's a line straight from the torture of the Inquisition, which is what polygraphs are based on.

    19. Re:Here's an interesting follow-up idea by Anonymous Coward · · Score: 0

      Explains why Scientologists use them, I guess.

    20. Re:Here's an interesting follow-up idea by Anonymous Coward · · Score: 0

      Why do you want her attention so badly?

  5. Don't give it to the police by Anonymous Coward · · Score: 0

    I hope the police don't read this. they are fresh off losing civil forfeitures, so they may need to adjust tactics to get money from the criminal forfeiture..

    1. Re:Don't give it to the police by MillionthMonkey · · Score: 1

      I have to park my mine-resistant armor protected vehicle hidden inside my garage. If I leave the door open, they'll drive past, see it, start salivating over it, and I end up with a SWAT team crashing through my doors and windows trying to find a bong.

  6. Reid Technique by Anonymous Coward · · Score: 5, Insightful

    Yes. It's called the Reid technique and the police in the US have been deliberately exploiting it for years to obtain false convictions.

    They know they are exploiting a psychological weakness. They do not care that innocent people are sent to prison. They simply want convictions.

    1. Re:Reid Technique by russotto · · Score: 4, Interesting

      It's called the Reid technique and the police in the US have been deliberately exploiting it for years to obtain false convictions.

      I've had that used on me. As soon as I realized what they were doing I called them on it (didn't know what it was called at the time) and they ended the interview right there. In Step 1 they implied they had certain evidence of my guilt and knew I was guilty; they screwed up Step 3 because I said I didn't do it, and somewhere in Step 6 or 7 realized they had no such evidence (because it didn't fit their alternatives) and called them on it.

    2. Re:Reid Technique by Anonymous Coward · · Score: 0

      ... exploiting a psychological weakness.

      Some logical thought would reveal that if they knew the facts they claimed to know and if they were smarter than you as they also claimed, they would move straight to charges. Hell, if they were as all-knowing as they claimed, they could take you out back and execute you immediately. Why waste time on a trial?

      The police respond to protestations of innocence with 'What would you mother think?' and 'Don't you want to apologize?' because they want emotional leverage which provides a confused suspect and a quick confession. That route is easier than the "I'm smarter than you. I know what you did. This is your fault." brain-washing. It works because you can't prove your innocence and they have the leverage of repetition and your exhaustion.

      There's also the power of television excusing police behaviour. For years, 'CSI', 'Law & order', and to some extent 'NYPD blue' have told viewers "Cops are allowed to abuse suspects and witnesses". The recent shows like 'Scorpion' instructs viewers "You have to prove your innocence to the police".

      The moment police become interested in what you did, the best response is "I cannot answer that without legal advice".

    3. Re:Reid Technique by JonathanR · · Score: 1

      The thing to allude in any police interview is that if they have sufficient evidence with which to prosecute; have at it; get on with the prosecution. If they're looking for further evidence to pad their sketchy allegations, you're not going to be foolish enough to provide it. Thus, the interview is concluded.

    4. Re:Reid Technique by Alomex · · Score: 1

      They do not care that innocent people are sent to prison. They simply want convictions.

      I got my hands on a few issues of the local police magazine and this was very clear. So long as someone ended up in jail they were happy. Even in the cases where the person was later exonerated using incontrovertible evidence (DNA match to another well known criminal) the rag would still defend the work and blame "pro-crime" lawyers for the reversal.

  7. Those in authority are well aware of this, and ... by Anonymous Coward · · Score: 0

    They also know that it is easy to get most people to give up their
    rights when "terrorism" is mentioned.

    Terrorism is the ultimate "boogeyman". It allows governments to
    get away with truly heinous and immoral things.

    Those who understand how the real world works understand that
    the morons who shot up the bakery in France recently are amateurs
    compared to governments, though.

    Whatever the government claims, you can be nearly 100% certain that
    the motive the government claims for its actions is a goddamned lie and
    that there is always one or more ulterior motive which underlies the actions of
    nearly any government. This is what happens when the government quits
    serving the people who allow it to exist and instead only serves itself.
    And this is the case in the US, the UK, the former Soviet Union, and pretty
    much any other government you can name. The differences are a matter of
    degree rather than anything more fundamental.

    [

  8. Not innocent by penguinoid · · Score: 0

    I thought that most Americans committed 3 felonies a day. Where did they find innocent people? Must have been in a country with less stupid laws.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:Not innocent by Anonymous Coward · · Score: 0

      It depends if the parents were idiots too, and there are a lot of them.

    2. Re:Not innocent by Anonymous Coward · · Score: 1

      The study was conducted at the University of British Columbia, which is in in Vancouver, British Columbia, Canada.

    3. Re:Not innocent by Anonymous Coward · · Score: 0

      Thanks for clearing that up, I thought it was the other BC in Mexico.

    4. Re:Not innocent by MillionthMonkey · · Score: 1

      More and more innocent people in the U.S. are innocent because they have spent billions on hiring lobbyists.

    5. Re:Not innocent by Gavagai80 · · Score: 1

      I thought that most Americans committed 3 felonies a day.

      If you thought that, it's because you never took a minute to investigate whether it was true or what the source of the lie was.

      --
      This space intentionally left blank
  9. B-b-but adults are smart! by Anonymous Coward · · Score: 0

    Won't someone think of the adults!

  10. Understand your rights!! by bradgoodman · · Score: 2
    I'm not an extreme (left/right) crackpot - but I've read a bunch of their rethoric with respect to "knowing your rights" when it comes to dealing with police - and there is a LOT of merit to it!

    This article speaks to the core of it.

    These types of "false confessions" always follow the same pattern. Police with little or no circumstantial evidence pulling innocent people into long interrogations. They are happy to talk - because they are innocent, and letting all the facts come out can only help, right?

    People need Serious education on how to handle situations like this. What to do and - NOT to do. What their rights are, and what will work best in their interests. Most of the time, the are involved in conversations that they have no obligation to have - and can leave at any time.

    1. Re:Understand your rights!! by OldSport · · Score: 4, Informative

      Basically, don't talk to the police without a lawyer present. Period. I mean, I'm not going to stonewall a cop that pulls me over for a broken taillight, but if the line of questioning goes any further than what's immediately relevant to said taillight, that's when I shut up. And you can guarantee that I will be videotaping the entire encounter! Cops are under no obligation to tell you the truth about anything; it's up to you to know what your rights are in a given situation and assert them.

    2. Re:Understand your rights!! by Anonymous Coward · · Score: 0

      Basically, don't talk to the police without a lawyer present.

      One of the better 1 hours I've spent as an adult:
      https://www.youtube.com/watch?v=6wXkI4t7nuc

    3. Re: Understand your rights!! by bradgoodman · · Score: 1

      Again - people need to understand it in more depth - it's more than that. Thinks like: never consent to a search, always insist that you want to leave, how to ask if you are being detained. Also understanding the reasoning behind these things - and what their positive and negative consequences are are importiant - and not always intuitive.

    4. Re:Understand your rights!! by m.ducharme · · Score: 1

      It's not just people happy to talk. the interrogators are trained to catch certain signs that the interviewee is telling the truth. But if the cops miss those signs or choose to ignore them, the interrogation can go on for hours and hours, plenty long enough for people to be "brainwashed" into remembering crimes they never committed in great detail. It's kinda scary how far they can take someone with stress, sleep deprivation and hunger, in only a relatively few hours.

      Later Reid courses actually show a tape of an interrogation where someone rewrote their own memories.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    5. Re:Understand your rights!! by nbauman · · Score: 1

      Basically, don't talk to the police without a lawyer present. Period. I mean, I'm not going to stonewall a cop that pulls me over for a broken taillight, but if the line of questioning goes any further than what's immediately relevant to said taillight, that's when I shut up. And you can guarantee that I will be videotaping the entire encounter! Cops are under no obligation to tell you the truth about anything; it's up to you to know what your rights are in a given situation and assert them.

      According to the New Yorker story http://www.newyorker.com/magaz... after the police read a suspect his Miranda rights, only about a third exercise it. I couldn't figure out why.

      I have noticed that on a lot of TV police programs, the cops start interrogating the suspect and he doesn't exercise his right to be silent. They treat it as if it's an intellectual game and the suspect has to convince the cops of his innocence. It's like TV cop programs are propaganda for the cops to convince people that the "right thing" to do is to convince the cop that you're innocent.

    6. Re:Understand your rights!! by DNS-and-BIND · · Score: 1

      That's also where you turn an ordinary traffic stop into an arrest for yourself. Good luck getting your car out of impound, or proving that they stole your phone from the front seat and scraped the side of the car while towing it.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    7. Re:Understand your rights!! by rwyoder · · Score: 2

      Basically, don't talk to the police without a lawyer present. Period. I mean, I'm not going to stonewall a cop that pulls me over for a broken taillight, but if the line of questioning goes any further than what's immediately relevant to said taillight, that's when I shut up. And you can guarantee that I will be videotaping the entire encounter! Cops are under no obligation to tell you the truth about anything; it's up to you to know what your rights are in a given situation and assert them.

      Absolutely true, and here is an excellent 50 minute video with a law professor explaining why: https://www.youtube.com/watch?...

    8. Re:Understand your rights!! by MillionthMonkey · · Score: 0

      That works for most people, since they're white.

    9. Re:Understand your rights!! by Anonymous Coward · · Score: 2, Interesting

      It starts LONG before there are any Miranda rights - or an arrest. Often times because there is no cause for an arrest until the "suspect" tells the cop something to warrant an arrest, or consents to an otherwise unwarranted search, yielding incriminating evidence.

      You can see this stuff happening all the times on shows like "Cops" - and gets to the heart of things like the Ferguson protests. Things like "Stop and frisk", "Driving while Black" and DUI checkpoints. (If you don't understand everything about DUI checkpoints - you really need to - especially if you're sober!!!

      Cops can't see a car parked "someplace where this a lot of crime" and start asking the occupants questions. Or having them come out and searching the car - or going through the person's pockets. Sometime's it just completely illegal. Sometimes the police actually trick the people into consenting to a search. Sometimes they just keep talking and asking questions until they find something they don't like.

      The point is - if they have no probable cause to stop/question/search/detain you - just tell them you don't answer police questions, you do not consent to police searches, and that are that you would like to go. Let's say that they ignore you. Let's say that pulled you over because they thought that "your car looked suspicious" - or even because you were speeding. They have the right to see your license, and to detain you as long as required to give you a ticket. "Speeding" is not probable cause of a crime being committed to warrant a search (this is well-settled law). If they search you without consent and (let's say) find weed - you get the evidence thrown out because it was an illegal search. If you consented - it's all legal.

      To the point of the OP - because the cops don't have any evidence - nor have any way of getting evidence. The only hope they have is for you to give them evidence by means of an admission - or even saying something perfectly harmless, but that could give them a tiny puzzle piece they need. For example "I just came from Home Depot". Maybe they just pulled you over because someone in a car of your size and color just robbed - a Home Depot. Driving a pink Mazda isn't a crime (yet) - but you just gave them enough "evidence" for an arrest.

      When you hear of people giving false confessions - they're always after these 13-hour marathon police interrogations. 99% of the time, the police have no cause to subject you to such an interrogation. If they "invite" you down to the police department - unless you're under arrest - you're free to politely decline. If you find yourself in such a situation - don't answer their questions, and let it be heard (you are probably being records) that you want to leave. They can arrest you or release you. 99% of the time, these "marathon interrogations" only happen with the implied consent of the person being interrogated.

      Again:

        Don't answer questions
        Don't consent to searches
        Always insist you would like to leave
        Record if/when possible

      LOTS of online resources on the correct ways to approach all this.

    10. Re:Understand your rights!! by Anonymous Coward · · Score: 0

      It works like this: They start telling stories. And after 10 minutes of stories, they ask you a question. That is when most people answer (like normal human beings).

    11. Re: Understand your rights!! by JonathanR · · Score: 1

      Having watched a string of youtube videos of immigration checkpoints and open-carry encounters; I notice that people often ask if they're being detained or if they're free to go. I wonder if this unwitting asking of permission actually grants the LEO significant psychological power in the situation. I haven't had the opportunity to try it yet, but I'm thinking that a cheerful announcement of an intention to leave would then put the LEO on the defensive and force him/her to say that you can't leave and enunciate a cogent reason why (particularly if you ask "why?" when they tell you that you can't leave).

      The Stockholm Syndrome is strong in most people, unfortunately.

    12. Re:Understand your rights!! by tburkhol · · Score: 1

      I have noticed that on a lot of TV police programs, the cops start interrogating the suspect and he doesn't exercise his right to be silent. They treat it as if it's an intellectual game and the suspect has to convince the cops of his innocence. It's like TV cop programs are propaganda for the cops to convince people that the "right thing" to do is to convince the cop that you're innocent.

      This is exactly it. People learn an awful lot about how to behave in unfamiliar situations from stories they've heard (fact or fiction), and we hear a lot of criminal investigation stories. Those have a long history of being pro-police propaganda: partly because they need to cooperation of police consultants; partly because most people want to see 'bad guys' punished and to believe that the police never get the wrong guy. The stories are driven by dialog, so if all you have is an interrogator and a guy refusing to speak, viewers change the channel.

      You can't learn law by watching TV any more than you can learn brain surgery. The world does not work like Dragnet, CSI or Law and Order.

    13. Re:Understand your rights!! by OldSport · · Score: 1

      Touche. At the same time, that's all the more reason for people of color to videotape *every* police encounter and know exactly what to say when they are stopped by a cop.

    14. Re: Understand your rights!! by OldSport · · Score: 1

      That question -- am I being detained, or am I free to go? -- uses police terminology to force them into either admitting they are detaining you in the legal sense -- for which they need probable cause, suspicion you are committing a crime, etc. -- or admitting that they are not detaining you, in which case you are not legally obligated to stick around. Doing so completely clarifies the legal situation. Just walking away before doing so is NOT a good idea.

    15. Re:Understand your rights!! by OldSport · · Score: 1

      Would mod this up if I had mod points. Great post.

    16. Re:Understand your rights!! by OldSport · · Score: 1

      This is exactly what I'm talking about:

      https://www.youtube.com/watch?...

    17. Re:Understand your rights!! by roman_mir · · Score: 1

      Why? On a number of occasions I completely avoided a traffic ticket by refusing to talk to the cop. Regardless of what he said I was silent, not looking at him even. Eventually (3 cases) they give up and leave.

    18. Re: Understand your rights!! by JonathanR · · Score: 1

      Did I suggest simply walking away? I don't think so. What I was suggesting was to turn the "question" into an "announcement". It alludes to the same issue - whether they have cause to detain. If they have cause, they still can prevent departure; it's just that they have to explicitly do it, rather than rely on the Stockholm Syndrome effects to keep their target around.

      BTW, the phrase "am I being detained or am I free to go?" is not "Police terminology". It is just a convention that has evolved. It has no special legal origin.

    19. Re: Understand your rights!! by OldSport · · Score: 1

      Being "detained" absolutely does have a specific meaning when it comes to a police encounter. An officer needs to have reasonable suspicion that you have committed a crime, are committing a crime, or are about to commit a crime in order to detain you. If you ask, the officer (eventually) either has to say "yes," in which case s/he must demonstrate that reasonable suspicion, or say "no," which means you are free to go.

      No, you didn't say you'd just walk away -- fair enough, my bad. But I don't see what point there is in trying to procure more "psychological power". Asking those two questions is really all the "power" you need, legally speaking. I mean, do you really think stating instead of asking is going to give you the upper hand? If you say "Thank you officer, but I'm going to go now," you set yourself up to be stopped again, likely by a now even more irate cop.

      I was in the very situation about a year back. Two cops stopped me when I was walking home from work in the evening. I was doing nothing suspicious -- I live in a very small town and I had just moved there, so I figure they had probably seen a new face around town and wanted to know who I was. They told me they had gotten a phone call about a "suspicious person" who apparently had my first name and the last name "Smith" walking around town. I'm guessing they asked the clerk at the convenience store next to my office and got my first name, and then just cooked up a last name to fabricate the story -- I mean, Smith? Come on.

      Still, though, I had no way of knowing if there was more to it than that. By asking if I was being detained, it forced them to essentially admit that there was no probable cause or reasonable suspicion. If they hadn't fabricated the whole thing and actually *had* received a tip, they might have had a reason to detain me; but then they would have had to defend it in court, which obviously they chose not to, which makes me think they had nothing to begin with. I don't know for sure, but that's the best I can make of it. Either way, it's much safer to just ask if you are being detained and get an answer from the horse's mouth.

      But if you want to try your way, please do, and please upload the results.

    20. Re: Understand your rights!! by JonathanR · · Score: 1

      Whether something is asked in a form of a question or stated in the form of an announcement has a big difference to the psychology of the situation. You should have a look at Neuro-Linguistic Programming. While this isn't NLP exactly, it's kinda close.

      Coppers invariably begin fishing encounters with small-talk; as if they're being friendly and courteous. They'll never be explicit about you being detained or otherwise. On the surface, I suppose they are being courteous; except, since I view them as professional predators, I'm aware they invariably have an ulterior motive. A general member of the public, if they have need to stop someone to ask something, will usually express an apologetic tone for their intrusiveness, and thank profusely for your help, even if you couldn't help. Whenever did you encounter such a tone with an LEO? I'm betting never.

      In the instance you relate, the coppers started telling you they were looking for a suspicious person; which is small-talk. You could simply say, "sorry, I don't know that person, I cannot help you." and "Have a good day sirs!". On you go. They never were explicitly detaining you (according to your account), so you should, IMHO, presume they're not. Of course, if they become agitated and edgy, you can always wind back the indifferent assertiveness and go with their flow.

      The political class and their praetorian sycophants have way too much power, simply because power is there for the taking.

    21. Re: Understand your rights!! by OldSport · · Score: 1

      I don't necessarily disagree with you, but I try to balance the practicality of a situation with what is right from a legal perspective. I want to end the encounter as quickly as possible, and doing what you are suggesting is only likely to prolong it.

    22. Re: Understand your rights!! by Anonymous Coward · · Score: 0

      You should have a look at Neuro-Linguistic Programming.

      Maybe you should have a look, since you apparently missed the fact that NLP was discredited years ago.

  11. Let's Make This Simple by Anonymous Coward · · Score: 0

    DO...NOT...TALK...TO...POLICE. Ever. No exceptions. None.

    Obligatory VIdeo: http://youtu.be/6wXkI4t7nuc

  12. Re: With our out-of-control gov't, NONE are innoce by Anonymous Coward · · Score: 1

    There is a book titled "Three Felonies a Day" which covers this topic. Well worth reading. Basically if the government wants to screw you to the wall, they can find a way. We no longer live in a free society.

  13. What people are missing here... by Patent+Lover · · Score: 2

    ... is that the cops don't care who really did it. Assholes as usual.

    1. Re:What people are missing here... by nitehawk214 · · Score: 2

      A lot of it is due to the Dunning-Kruger effect. The cops know you did it, because they arrested you. They wouldn't have arrested you if they were not sure you were guilty. They know they never make mistakes. And then they stop investigating the crime once they have someone to pin it on.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
  14. US residents, 5A use it or lose it. by terraformer · · Score: 1

    "I would first like to speak with an attorney before speaking with you."

    For those in the US, learn it, love it, use it. If you don't, you lose it.

    --
    Who are you? The new #2 Who is #1? You are #617565. I am not a number, I am a free man! Muhahaha.
  15. I doubt they're "convinced" of anything... by SeaFox · · Score: 1

    except that the justice system is a sham and they're the unlucky victim today.

    They're adults. If anything, they realize how incredibly expensive it is to defend themselves in court and be found completely innocent.
    It's actually better to work out a plea bargin, thereby confessing to a another crime they didn't commit, and get the D.A. off their case from a financial standpoint.

    1. Re:I doubt they're "convinced" of anything... by Anonymous Coward · · Score: 0

      Exactly. It's the same reason Republicans commit obvious small fraud on their tax returns. The IRS thugs only catch the obvious crimes so the typical larger crimes aren't found. It is the way of their kind.

    2. Re:I doubt they're "convinced" of anything... by nbauman · · Score: 2

      That's not what the research says. http://www.newyorker.com/magaz...

      What happens is the cops wear the suspect down. They go on for hours, insisting that the suspect is wrong, that they have conclusive evidence, and that if they confess it will go better for them (or even that if they confess, they can go home). They try to get the suspect actually believing that he might have done it, if these authority figures say so with such confidence.

      The New Yorker story had an example of this:

      I saw this effect in a video of an interrogation that an Iowa defense attorney sent me. His client, a young man who was eighteen at the time of the interview, had been wrongly accused of molesting a three-year-old girl at the day-care center where he worked. The detective never raised his voice or appeared anything other than sympathetic. But, in under two hours, he had the young man saying that he had blanked out and fondled the little girl. As if in a trance, the young man said, “I know it happened but I don’t remember any of it. . . . I guess it must have happened.” After a break in the interrogation, during which the young man was allowed to see his sister, he retracted his confession and maintained his innocence. The district attorney dropped the charges.

    3. Re:I doubt they're "convinced" of anything... by Anonymous Coward · · Score: 0

      It's the same reason Republicans commit obvious small fraud on their tax returns.

      How much does George Soros pay you for your whipsering campaign against The Repuuuuuuublicans![tm]?

    4. Re:I doubt they're "convinced" of anything... by Anonymous Coward · · Score: 0

      Don't be absurd; why would anyone pay for such shoddy work? It's slightly more likely that the RNC is paying him to make their critics look like idiots, but way more likely that he's just a dumb tribalist.

  16. Authority influence 101 by Anonymous Coward · · Score: 0

    People trust authority because that's their job: to be trustworthy. When people with that power abuse it, bad things can happen.

    In other shocking news, water is confirmed to indeed be wet.

  17. Re:With our out-of-control gov't, NONE are innocen by TWX · · Score: 4, Interesting

    Given the crazy volume of laws imposed by our governments, it's almost certain everyone commits multiple crimes daily.

    Which is why one should exercise one's right to remain silent. The police do not decide to prosecute or not, and do not get to 'make deals' or not. That's firmly in the prosecutor's realm, with required agreement from a judge in the case of plea deals. Police offers to, "go easy on you," if you cooperate now, or to, "put in a good word to X," are also meaningless, as once the evidence is turned over to the prosecutor, the police have only as much influence as the prosecutor is willing to accept.

    Don't do the police's job for them, you're not required to tell them anything or to admit guilt. There's always another opportunity to "make a deal", with your lawyer and the prosecutor negotiating that deal, not you and the plainclothes detective.

    --
    Do not look into laser with remaining eye.
  18. Don't talk... by Anonymous Coward · · Score: 0

    ... to cops. Seriously, just don't.

    1. Re:Don't talk... by Anonymous Coward · · Score: 0

      But what if you want to be lawyer, for the piles of money of course. As a fellow officer of the court, how are you going to avoid talking to officers of the court?

  19. meanwhile by Anonymous Coward · · Score: 0

    Meanwhile adults who do commit serious crimes, like torture, conspiracy, and mass jamming of communications networks continue to think they've done nothing wrong.

  20. Under Suspicion by Anonymous Coward · · Score: 0

    The movie Under Suspicion is a good example of this.

  21. records schmecords by Anonymous Coward · · Score: 0

    You have a record of that charge being dismissed. They typically pile a whole bunch of charges on you, and of course, they can make up anything they want on the spot, since 3 Felonies a Day and all that.

  22. The (in)justice system by fyngyrz · · Score: 5, Insightful

    And along with that, "plea bargains" should be absolutely forbidden. What they do is provide the prosecution tools to coerce and frighten victims of the system into admitting guilt for things they didn't do, at the same time as they take the determination of the individual's guilt out of the hands of a jury.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:The (in)justice system by Opportunist · · Score: 2, Insightful

      I never quite got why plea bargains are permissible in the first place. Either someone is guilty or he is not. It's one of the few things that are quite black and white, either someone committed a crime or he did not. Where does a plea bargain come in? Let's haggle over whether I did it partly or whether you want to punish me a little bit?

      What's that, a court of law or the Turkish bazaar?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:The (in)justice system by Anonymous Coward · · Score: 0, Troll

      I never quite got why plea bargains are permissible in the first place.

      Ask yourself which makes more money for a lawyer - handling several plea bargains a day, or one long case that he is likely to lose for a client that will have no income?

    3. Re:The (in)justice system by __aaclcg7560 · · Score: 2

      One could argue that there's a no need to have a court system. If a cop pulls you over for a traffic violation, you're guilty. No need to establish innocence or haggle over penalties. The cop blows your brains out on the side of road, saving the public some money in court costs and your dead body will remind potential offenders that there are legal consequences for violating laws.

    4. Re:The (in)justice system by Anonymous Coward · · Score: 5, Informative

      It's one of the few things that are quite black and white, either someone committed a crime or he did not.

      A plea bargain is not someone saying they partially committed a crime, it is them admitting full guilt to a crime. The law frequently gives a range of punishments, e.g. upper and lower limits for fines or jail time, and the judge can pick something lower if the defendant saves everyone a bunch of time by just admitting it. Some laws also allow judges to remit or change the charges to a lesser crime depending on the circumstances too, especially if part of the plea bargain involves helping them catch other people. It has nothing to do with partly committing a crime, but what amount of punishments and exactly what charges are used. That said, it can pressure innocent people in tough situations to just accept guilt.

    5. Re:The (in)justice system by Kaenneth · · Score: 2, Insightful

      Plea Bargains save everyone time and money; as long a prosecutorial discretion exists, plea bargains will be possible. The alternative is the prosecutors office being required to pursue every single case. 5-17 year old took a nude picture of herself? Child Porn charges. kill in clear self defense? Murder charges. transpose two digits on your tax return? Tax Fraud charges.

      There wouldn't be enough people to serve on the juries for the people that missed jury duty!

    6. Re:The (in)justice system by Anonymous Coward · · Score: 2, Interesting

      There wouldn't be enough people to serve on the juries for the people that missed jury duty!

      I heard a story about a pool of jurors that was told to go to the wrong room. The judge just ordered them all to be arrested for not showing up, and it took another judge to stop that process.

      At which point, all of the jurors had to be dismissed, because now they were pissed at the judge and the whole system.

    7. Re:The (in)justice system by JeffOwl · · Score: 4, Interesting

      Ask yourself which makes more money for a lawyer - handling several plea bargains a day, or one long case that he is likely to lose for a client that will have no income?

      You realize that many, if not most, of these plea bargains are between public defenders and the DA's office. You realize that neither group is raking in huge cash based on case volume. It isn't about making money, it is about a case load that they could not possibly handle if they had to take every one to court. Besides, the court system couldn't deal with the volume either.

    8. Re:The (in)justice system by nbauman · · Score: 5, Interesting

      It's one of the few things that are quite black and white, either someone committed a crime or he did not.

      A plea bargain is not someone saying they partially committed a crime, it is them admitting full guilt to a crime.

      In reality, a plea bargain is a strategic decision by a defendant or his lawyer that he would be better off taking a shorter sentence in a plea bargain than go to court, and get a much longer sentence if he loses.

      I've seen typical plea bargain of 6 months, which is time served, versus 15 years if he loses in court.

      Some judges insist on a legal fiction that the defendant is voluntarily admitting to the crime, but everybody knows that it's not voluntary and people are often forced to falsely admit to crimes to avoid the risk of a much worse sentence by a vindictive prosecutor.

      Lawyers have cases on file where people pled guilty to avoid a much longer sentence, and were exonerated afterwards.

      The courts are punishing people for exercising their constitutional right to a trial. The most outrageous thing is that the Supreme Court approved it.

    9. Re: The (in)justice system by Anonymous Coward · · Score: 0

      You're examples of crimes are matters of law.

      If there's no disputed fact of self defense, then there is no crime. If a picture constitutes child pornagraphy is again a matter of law ( most sexting wouldn't cross that threshold).

      The prosecuter, as the representitive of the people, is the one that puts those facts in dispute, they can choose not to.

    10. Re:The (in)justice system by chris200x9 · · Score: 1

      I don't understand. I see no connection between the DA not perusing cases with little to no merit and them offering plea bargains in cases they deem worthy of prosecuting.

    11. Re:The (in)justice system by SlaveToTheGrind · · Score: 5, Insightful

      "plea bargains" should be absolutely forbidden.

      You're assuming infinite resources. As it is, would you prefer a system where (1) your taxes now have to cover a 20-30-fold increase in state and federal courts (and prosecutors) needed to take all cases to trial; (2) on the other side of the bar, an even higher percentage of the population becomes criminal defense lawyers; and (3) you yourself end up on jury duty multiple times a year?

      Or, would you rather a world where the prosecutors just pursue the most egregious criminals given the limited resources they have, and put everyone else right back out on the streets with no deterrent whatsoever?

      I'm not suggesting the current plea-bargain system is optimal or that incremental changes aren't possible. What I am suggesting that you can't just throw out such a fundamental piece without stepping back and redesigning the entire system.

    12. Re:The (in)justice system by Mr_Blank · · Score: 2

      It isn't about making money, it is about a case load that they could not possibly handle if they had to take every one to court. ... Besides, the court system couldn't deal with the volume either.

      If there are more broken laws than there is money or capacity to adjudicate the cases of the alleged perpetrators... then maybe there are too many laws?

      Why should justice hinge on the financial means of the alleged perpetrators or on court capacity? That scenario sounds ripe for the proliferation of injustice.

    13. Re:The (in)justice system by Anonymous Coward · · Score: 1

      The nation's police are interested in your ideas and would like to subscribe to your newsletter.

    14. Re:The (in)justice system by Anonymous Coward · · Score: 2, Interesting

      Plea Bargains save everyone time and money; as long a prosecutorial discretion exists, plea bargains will be possible. The alternative is the prosecutors office being required to pursue every single case. 5-17 year old took a nude picture of herself? Child Porn charges. kill in clear self defense? Murder charges. transpose two digits on your tax return? Tax Fraud charges.

      There wouldn't be enough people to serve on the juries for the people that missed jury duty!

      If the prosecutors office had to pursue every single case, then our laws would be changed so that things that shouldn't be illegal aren't. Instead we have so many laws that we can't possibly obey them all and have to hope that the presecutors and police will let slide the things we do. For example, my mother takes many different medicines for a chronic illness and when I was last visiting her I picked up her medicine as we were heading out for dinner. At some point while we were out a comment was made that it was time for her to take her medicine and maybe we should head home. I produced the medicine and was told that actually I was violating the law because the particular medicine was controlled and only she (who is no longer mentally "all there") was allowed to carry it around. Wow, so I could go to prison for years for this but of course we count on prosecutorial discretion. But my life shouldn't have to depend on whether or not the prosecutor is an asshole. We should have reasonable rule of law, not rule of men.

    15. Re:The (in)justice system by mrchaotica · · Score: 1

      The law frequently gives a range of punishments, e.g. upper and lower limits for fines or jail time, and the judge can pick something lower if the defendant saves everyone a bunch of time by just admitting it.

      You misspelled "...and the judge can punish the uppity defendant for having the audacity to actually insist on due process!"

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    16. Re:The (in)justice system by mrchaotica · · Score: 5, Insightful

      The alternative is the prosecutors office being required to pursue every single case. 5-17 year old took a nude picture of herself? Child Porn charges. kill in clear self defense? Murder charges. transpose two digits on your tax return? Tax Fraud charges. There wouldn't be enough people to serve on the juries for the people that missed jury duty! There wouldn't be enough people to serve on the juries for the people that missed jury duty!

      GOOD! Then we might finally get some of these arbitrary, capricious, unconstitutional, bullshit laws off the books!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    17. Re:The (in)justice system by mrchaotica · · Score: 4, Insightful

      Or, would you rather a world where the prosecutors just pursue the most egregious criminals given the limited resources they have, and put everyone else right back out on the streets with no deterrent whatsoever?

      YES, GODDAMNIT!

      That's EXACTLY what we want and what you should want -- unless you're a fucking totalitarian sociopathic boot-licker -- because we're living in a goddamn police state that contains 25% of the WORLD's prison population even though we only have 5% of the world's population overall. Damn right we need to only pursue the "egregious criminals," because in every civilized country on the planet, what you call the "egregious criminals" are the only criminals!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    18. Re:The (in)justice system by Anonymous Coward · · Score: 1

      Extortion with years..... That's what a plea bargain is.

    19. Re:The (in)justice system by Luckyo · · Score: 1

      Money. It's much cheaper to convict through plea bargain, and therefore more prisoners can be convicted allowing for money transfer from state to private prisons.

    20. Re:The (in)justice system by meerling · · Score: 1

      Don't forget that you were pulled over for going 3 mph over the limit, and as your corpse lays slowly cooling in the ditch the police have already taken all the money from your wallet, have driven off in your car, and are on they way over to your house to confiscate it and will sell it off at auction, unless of course they'd rather keep it 'for the department'.
      Heck, they do most of that now in some places in the US.

    21. Re:The (in)justice system by meerling · · Score: 1

      I'd love to see a news article on that. LoL

    22. Re:The (in)justice system by Anonymous Coward · · Score: 0

      There wouldn't be enough prosecutors either. Then they'd be forced to focus on the crimes that were actually committed.

    23. Re:The (in)justice system by ultranova · · Score: 4, Interesting

      I never quite got why plea bargains are permissible in the first place.

      They're a form of punishment. Being forced to testify against yourself humiliates the accused and empowers the prosecutor. It dehumanizes the accused, by showing that no, he doesn't have any of those Constitutional rights. The prosecutor is, in effect, establishing his superiority to reality itself: pretend that what happened is what he said happened, or be severely punished.

      Plea bargains are basically a sadist's wet dream. And US legal system is built on the idea that justice is institutionalized sadism. Every single aspect of it is geared towards maximum harm to those caught in it, from criminal records (meant to extend punishment to infinity) to keeping people in death row for decades to uncertain methods of execution (as opposed to a simply breathing nitrogen) to private prisons (who have very incentive to make recidivism rate as high as possible). Hence the popular notion that everyone accused must be guilty, so you can enjoy watching the system grind them to bits with good conscience.

      Plea bargains are a symptom, but the disease itself is simply bloodlust.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    24. Re:The (in)justice system by theedgeofoblivious · · Score: 5, Interesting

      -or they would have to be more selective about what they prosecuted.

      5-17 year old took a nude picture of herself? Well I'd *like* to prosecute that, but I'm too busy prosecuting this other case.

      Kill in clear self defense? Again, I'd *like* to prosecute that, but I'm too busy prosecuting this other case.

      Can you imagine how horrible that would be?

    25. Re:The (in)justice system by Firethorn · · Score: 2

      Lawyers have cases on file where people pled guilty to avoid a much longer sentence, and were exonerated afterwards.

      To give a sort of example for this: Let's say that I'm completely innocent, but I'm accused of some horrible crime. I'm looking at 40 years in prison. The prosecution offers me a deal of 'only' 1 year in prison even as I figure that while I'm likely to prove my innocence in court, there's a 5% chance I'll be found guilty anyways. Oh, and it'll cost approximately a year's income simply to fight it.

      I'm actually statistically avoiding more prison time taking the deal. Personally, I'd fight all the way(felony=no guns, raising the effective penalty for me), but for the average person?

      --
      I don't read AC A human right
    26. Re:The (in)justice system by yet+another+SanTiago · · Score: 1

      Note that there is no or just very limited plea bargain in most continental Europe.

    27. Re:The (in)justice system by sjames · · Score: 4, Insightful

      Even more extreme (but not unknown), you face 40 years but if you plead guilty tomorrow, you'll be home with time served by the end of the week.

      Meanwhile, you can't afford a real lawyer and your public defender can't even remember your name or what you were charged with. Naturally, that means bail is right out, so even if you are found not guilty, you'll spend a fair bit more time in the slammer if you plead not-guilty.

      So there it is, plead guilty and go home where you might be able to put your life back together or spend another 6 months to 40 years imprisoned and either way, you will lose what little you have.

    28. Re:The (in)justice system by sjames · · Score: 1

      THIS!

      It's the same sadism that made the Romans enjoy watching people get eaten alive by lions. It may be 'civilized' and 'refined', but it comes from the same dark place.

    29. Re:The (in)justice system by sjames · · Score: 1

      I will second mrchaotica. YES! It appears that the only way to get a balanced set of laws and justice is to force them to triage.Most of the people we have in prison are there for victimless 'crimes'. It wouldn't take much sanity to cut the current costs in half even while eliminating the plea bargain.

    30. Re:The (in)justice system by Opportunist · · Score: 2

      Contrary to what lawyers believe the main function of the legal system is not to ensure job security and 7 digit incomes for them.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    31. Re:The (in)justice system by Anonymous Coward · · Score: 1

      Some judges insist on a legal fiction that the defendant is voluntarily admitting to the crime

      Who said that the word "guilty" in legal terms meant anything like it does in common usage? Such a thought process has tormented so many under such a common law system.

      In a civic code world, guilty is guilty, and plea bargains are illegal. Common law, in contrast, encourages it. Don't like the legal system? Change the system, or move to the other half of the world that does things differently.

    32. Re:The (in)justice system by Anonymous Coward · · Score: 0

      or change the charges to a lesser crime depending on the circumstances

      That is exactly what GP was talking about. It is haggling and given the way the system works a plea bargain is often, game-theoretically speaking, the optimal choice for all parties.

      This is definitely a case of hate (or better yet: change) the game, not the players.

    33. Re:The (in)justice system by Anonymous Coward · · Score: 0

      Yes. This is true.

      I confessed a crime I didn't do because the police "promised" that I wouldn't have to go to prison (which happened). The problem was that I was actually covering another (drug misuse) related crime (which police did'nt "notice") and going to a prison would have meant that they would have send me to a psychiatric prison and they wouldn't have never released me. + I didn't have money to pay for expensive lawyers to defend me.

    34. Re:The (in)justice system by Anonymous Coward · · Score: 0

      If plea bargains were disallowed, the prosecutors' office could reduce the caseload with prosecutorial discretion.

    35. Re:The (in)justice system by Cytotoxic · · Score: 1

      One could argue that there's a no need to have a court system. If a cop pulls you over for a traffic violation, you're guilty.

      For many traffic violations, this is indeed the case. I know in Georgia the only defense against a radar clocked speeding ticket is one of three questions: Was the officer properly trained? Was the instrument properly calibrated? Was his location proper (not too close to a curve or on too steep of an incline)?

      That's it. The court is not supposed to consider any other defenses. "I didn't do it." is not an admissible defense. "I have a video tape showing that I didn't do it" is also not an admissible defense. Or at least it wasn't the last time I interacted with the georgia traffic court system.

    36. Re:The (in)justice system by Cytotoxic · · Score: 4, Informative

      Particularly in drug crimes, prosecutors routinely use extreme penalties to win plea bargains. There is also a penalty for going to trial: people pleading guilty get much lower sentances on average than those found guilty at trial.

    37. Re:The (in)justice system by JeffOwl · · Score: 1

      That scenario sounds ripe for the proliferation of injustice.

      On that point I think most of us agree.

    38. Re:The (in)justice system by Anonymous Coward · · Score: 1

      I won't argue saving time and money, but it comes at a very steep price. The one that just keeps coming back time and time again as to why plea bargains need to be made illegal. A woman near where I live got drunk, decided to get in to her car and drive home. She killed two people. The DA charged her with first degree murder. This pisses me off to no end. Did she do something horrible? Yes, yes she did. Did she commit first degree murder? No, no she did not. There is no way any reasonable jury would convict somebody of the premeditated and intentional taking of life in a drunk driving case. This tactic is simply done by the DA to try to scare her in to taking some other plea bargain, which in and of itself may be much more severe than what she was actually guilty of.

      Your argument would hold water if DAs didn't do what I just described above, but fact is, DAs do what I just described as that is a real example as to what happened in my town. And as long as the "justice" system keeps pulling that sort of BS, things which attempt to subvert the standard citizens constitutional rights should be banned.

    39. Re:The (in)justice system by quenda · · Score: 5, Informative

      Or you've spent 5 years in an illegal prison without valid charge, and subject to torture.
      Finally, prosecution says you can go home tomorrow if you plead guilty to this new retrospective crime we just made up.

      And there you have the confession and first conviction of a Gitmo detainee! (Five years later, the US Court of Appeals ruled the conviction invalid.)

      http://en.wikipedia.org/wiki/D...

    40. Re:The (in)justice system by Anonymous Coward · · Score: 0

      I've seen typical plea bargain of 6 months, which is time served, versus 15 years if he loses in court.

      Isn't this the real problem though? If plea bargains were more reasonable, say 10 years instead of 15, it would provide far less coercion. Indeed why would a judge even agree to a factor 20 reduction in sentence? Perhaps if more judges turned down these deals it would reduce the coercion factor considerably and they could go back to their original purpose: to avoid clogging up the court system by offering a modest incentive to plead guilty.

    41. Re:The (in)justice system by Headw1nd · · Score: 4, Insightful

      But the thing is plea bargaining is not a fundamental piece, it has only gained prominence in the last 100 years, and was popularized to handle the enormous amount of "crime" that prohibition created. We now recognize that the underlying cause of much of this crime - Prohibition - was bad law, so why are we clinging to plea bargaining? Probably because we are still clinging to prohibition, just in a different fashion.

    42. Re: The (in)justice system by Anonymous Coward · · Score: 0

      Along with multiple charges for the same act and dodging double jeopardy by picking a different charge.

    43. Re:The (in)justice system by benjdm · · Score: 1

      I'll say. If you turn down a plea bargain because you're innocent, you can still spend 3 years on Rikers before they bother to drop charges.

    44. Re:The (in)justice system by sir-gold · · Score: 2

      Every year, the ability for law enforcement to detect crimes and enforce laws gets better, but the laws themselves don't change.
      Perfect enforcement of imperfect laws is a recipe for disaster.

    45. Re:The (in)justice system by sir-gold · · Score: 1

      I don't know about Georgia, but in some states, if the cop who pulled you over ISN'T the the same cop that actually measured you speed, (one cop on an overpass, one cop on the road, for example) and only the ticket-writing cop shows up to court, you can get the ticket thrown out as hear-say

      (Because the ticket-writing cop who showed up to court up isn't the person who actually measured your speed, he can't testify how fast you were going, he can only testify how fast he was TOLD that you were going.)

    46. Re:The (in)justice system by sir-gold · · Score: 1

      It's one of the few things that are quite black and white

      Yes, that's exactly how the police see it: If you are black, you are automatically guilty and can be shot on the spot, if you are white, you are probably innocent

    47. Re:The (in)justice system by Anonymous Coward · · Score: 1

      > uncertain methods of execution

      Just adding a must-read citation in the Lancet to this: Inadequate Anaesthesia in Lethal Injection for Execution.

    48. Re:The (in)justice system by nitehawk214 · · Score: 1

      Reminds me of this scene.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    49. Re:The (in)justice system by Anonymous Coward · · Score: 0

      It isn't used much in the 95% of the world that *isn't* the US, so I expect that the US would also be able to cope without it.

    50. Re:The (in)justice system by Anonymous Coward · · Score: 0

      The only problem is that the prosecutors often tell the defendant that they can either take the chance of beating a life sentence, or accept a plea deal for 5 years. Do you want to roll those dice?

    51. Re:The (in)justice system by fyngyrz · · Score: 1

      Plea bargains would be fine if the penalties for a crime weren't ten times what they should be.

      No, they wouldn't. They only time they are "fine" is when they let the accused off completely without damage to reputation, financial position, or property. (as in, I'll never, ever do it again your honor / case dismissed, arrest record expunged) And plea bargains never, ever do that, so they are uniformly toxic.

      Plea bargains do a lot more than save time and money. They uniformly increase the win streak for the prosecutor (they are never a win for the defense), which has value in several ways -- it's good political capital, it makes promotion more likely, it reduces workload, they don't have to prove their case (a different issue than workload... this is more about actual, you know, justice), and the promises made don't actually have to be kept. Promise the accused that the adjudication withheld verdict will protect them from a criminal record? Sure, go ahead. But it won't. Promise them that the result will be the end of it, that is, this is what will happen, and that's the deal? Sure, go ahead. Then watch gleefully as ex post facto laws alter the deal, Darth Vader style. Even years or decades after the fact. Plea bargains also put the hangman's choice to the innocent: plead guilty to this lesser thing, suck up the criminal record, and we "promise" that'll be the end of it. Otherwise, at trial, we're going to charge you with enough so that something will stick, and it's off to prison for you plus the criminal record and loss of everything you own and concomitant damage to your family. Your "choice", which of course is no choice at all unless you already have nothing to protect - reputation, family, home, finances.

      And remember, the choice to "take a plea" does not mean that anything you were promised must, or will, come to pass. What it does mean is that you just jumped head first into the grinder of a fundamentally broken justice system, and you're about to become hamburger.

      --
      I've fallen off your lawn, and I can't get up.
    52. Re:The (in)justice system by danbert8 · · Score: 1

      Actually the number of laws each year is going up. Not that I can give you any statistics because no one knows how many there are... No wonder innocent people will admit guilt. With the sheer ridiculous number of laws out there, no one is truly innocent in the US.

      http://blogs.loc.gov/law/2013/...

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    53. Re:The (in)justice system by sir-gold · · Score: 1

      That was the point I was trying to get at. The shear number and complexity of laws means that laws get broken all the time without anyone even knowing it.

      The only thing that has saved us from this problem so far is that it's not (currently) possible to enforce 100% of the laws 100% of the time.

      Red light cameras made it possible to achieve 100% enforcement of only a single law, and look at the mess that created.

      The fact that it's possible to make a profit from catching crimes (for governments and contractors) only makes the problem worse, because it provides an incentive to make it easier for people to accidentally break the law (by shortening the yellow lights for example), in order to extract more value from their investment.

    54. Re:The (in)justice system by Anonymous Coward · · Score: 0

      If this is true, at which point in the future will this rate be too great for the PD and DA to handle? I suspect this can be plotted and a clear year defined given historical data?
      When that year is reached, what steps will be taken to change this process? Would it be more likely that computers play a larger part in prosecuting by then? If computers play a larger role, would it not be possible to have prosecuting booths rather than an elaborate court system made of wood which then allow for the system to negate the "plea bargain" entirely thereby allowing for a fairer trial to take place for all?
      After all, the system is built on knowledge of the system to succeed. What better than a computer chip to not tell a lie?

    55. Re:The (in)justice system by tibit · · Score: 1

      You're just making a bunch of stuff up. Plea bargains and prosecutorial discretion are entirely separate issues. What, you think that in jurisdictions without the plea bargain, the prosecutors take all cases? You're nuts.

      --
      A successful API design takes a mixture of software design and pedagogy.
    56. Re:The (in)justice system by tibit · · Score: 1

      needed to take all cases to trial

      Nope. They simply don't take all cases to trial, and some crimes go unpunished. As happens now anyway, since with a plea bargain you're punishing some other crime, not the one that really happened. You really need to look outside of the U.S. legal system. In many a European country, a crime won't be prosecuted for the reason that it had low social consequences. It's IMHO a rather valid reason not to prosecute, it's in fact what the U.S. prosecutors have yet to learn. Yeah, the law says that you shouldn't smoke marijuana. Yeah, you did break the law. No, it didn't really cause much suffering for anyone. Thus, no prosecution. That's how it's supposed to be in the civilized world. Of course, ideally we shouldn't have stupid laws to begin with.

      --
      A successful API design takes a mixture of software design and pedagogy.
    57. Re: The (in)justice system by Anonymous Coward · · Score: 0

      The scary thing is, today the cop would almost certainly get away with it.

    58. Re:The (in)justice system by Anonymous Coward · · Score: 0

      because in every civilized country on the planet, what you call the "egregious criminals" are the only criminals!

      What "civilized" country are you thinking of where nothing short of rape and murder gets prosecuted?

    59. Re:The (in)justice system by david_thornley · · Score: 1

      Many states (IIRC) have laws that say that any killing related to a felony is first-degree murder. If driving drunk happens to be a felony, or leads to the commission of a felony, then accidentally killing two people might well be legitimate first-degree murder.

      You do admit that she deliberately risked the lives of others and actually killed two presumably innocent people. That seems plenty guilty to me. What sort of punishment do you think such a heinous crime should have, and do you really think it should be more lightly treated than, say, manslaughter?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    60. Re:The (in)justice system by SlaveToTheGrind · · Score: 1

      That's EXACTLY what we want and what you should want -- unless you're a fucking totalitarian sociopathic boot-licker

      You know, I'm having a hard time deciding whether your overly charming tone or your illuminating choice of moniker is the top reason why I won't be losing any sleep over not seeing eye to eye with you on what constitutes a "civilized country."

      Damn right we need to only pursue the "egregious criminals," because in every civilized country on the planet, what you call the "egregious criminals" are the only criminals!

      Since I didn't draw any kind of a box around a set of "egregious criminals," the only way this statement can remotely make sense is if you're really convinced that nobody who takes a plea bargain actually committed a crime worthy of punishment. If so, you're welcome (and in fact I would strongly encourage you) to go live in one of the countries you consider "civilized." It's hard to imagine more of a win-win.

    61. Re:The (in)justice system by SlaveToTheGrind · · Score: 1

      Sure -- if you're going to eliminate existing crimes, you'll have less plea bargains. But unless all plea bargains are for what you're referring to as prohibition crimes (and they aren't), you're still going to have more people in the system than you have resources to take to trial. The numbers I mentioned above may change (though not as much as you may think), but you're still going to have to make a call on how to deal with the layer of people the justice system, as currently funded and staffed, can't try in a reasonable timeframe.

    62. Re:The (in)justice system by SlaveToTheGrind · · Score: 1

      some crimes go unpunished . . . since with a plea bargain you're punishing some other crime, not the one that really happened.

      Um, no. If the evidence is airtight that a crime really happened, it's not nearly as likely to get plea-bargained in the first place. Otherwise, there is no "really happened."

      Yeah, the law says that you shouldn't smoke marijuana.

      Many, many crimes are plea bargained other than the drug possession crimes everyone in this thread is harping on. It's a convenient scapegoat, but even if all drug possession were legalized tomorrow we would still need plea bargaining as the triage/resource management tool I originally mentioned.

    63. Re:The (in)justice system by suutar · · Score: 1

      that's pretty much the "prosecutorial discretion" that the person you're replying to postulated didn't exist anymore, isn't it?

    64. Re:The (in)justice system by suutar · · Score: 1

      Not necessarily. Eliminating prohibition crimes would reduce both plea bargains and trials, which would allow some of the other crimes that get plea bargained to be actually tried. How much the total case load would change depends on the amounts of time currently spent on plea trials and real trials of both types. It could conceivably even reduce (though I wouldn't put money on it).

    65. Re:The (in)justice system by kmoser · · Score: 1

      I never quite got why plea bargains are permissible in the first place. Either someone is guilty or he is not. It's one of the few things that are quite black and white, either someone committed a crime or he did not. Where does a plea bargain come in? Let's haggle over whether I did it partly or whether you want to punish me a little bit?

      What's that, a court of law or the Turkish bazaar?

      Even worse, isn't an offer of a plea bargain akin to extortion or coercion?

    66. Re:The (in)justice system by Anonymous Coward · · Score: 0

      Plea bargains are permissible because we are unwilling as a society to incur the cost required to support the burden of laws that we have allowed our legislative branches to impose on us. Most criminal court proceedings are not settled by jury or judicial trial. They are resolved by plea bargain. In most cases the accused is guilty as sin. In some few cases the accused is innocent. Since most accused are guilty they jump at the chance to save the county, state or federal government money by accepting a lesser punishment, rather than taking the chance a jury or judge will convict them and then receive the maximum punishment.
      It is quite common for a DA to push for the death penalty in a capital case so that the accused will cop plea so as not to face such a penalty.
      The problem of course is that sometimes an innocent person will cop a plea just so they don't go bankrupt trying to defend themselves from a prosecution. Or face the death penalty in a capital case. Not that our prisons are full of such people, but there are certainly too many of them in lockup for us to be comfortable at the situation.
      The real answer is to expand our court system so that accuse persons could receive the speedy trials that the Constitution ensures them.

    67. Re:The (in)justice system by beastofburdon · · Score: 1

      They also use extremely trumped up charges to coerce people into a plea bargain by telling them they will spend the rest of their life in prison for charges which do not even relate to the crime they are accused of. The police are also happy to help them out by almost always including charges of resisting arrest and assault on an officer, which will be magically dropped if they take the plea bargain.

    68. Re:The (in)justice system by beastofburdon · · Score: 1

      True, and there are literally too many laws for one person to know. You could do nothing but read law books your entire life and you would never finish all the laws currently on the books. By the time you died there would likely be twice as many as when you started as well, but for some reason ignorance of the law is no excuse, unless you are a police officer of course!

    69. Re:The (in)justice system by beastofburdon · · Score: 1

      Let's not forget that shortening the yellow lights was itself a crime. A crime for which nobody was prosecuted, but caused hundreds of thousands of people to be prosecuted and fined for crimes they did not commit.

    70. Re:The (in)justice system by beastofburdon · · Score: 1

      I'd like to know if he used the old adage "ignorance is no excuse of the law" against them on this.

    71. Re:The (in)justice system by Anonymous Coward · · Score: 0

      I don't know if I fully agree with this. Plea bargains are a good way to get people in organized crime/corrupt businesses to flip on their higher-ups. They should be way more restricted than they are, but I think they do serve a legitimate purpose.

  23. The (in)justice system is primarily about power. by fyngyrz · · Score: 4, Insightful

    cops don't care who really did it

    Neither do the prosecutors -- or the judges. For them, it's all about notches on the handle of their figurative pistol.

    Our justice system attracts some of the worst human beings among us. The very last thing you can expect from it, and from them, is "justice."

    --
    I've fallen off your lawn, and I can't get up.
  24. I'm immune to it. by Anonymous Coward · · Score: 0

    It wouldn't even phase me.

  25. Always ask for a Lawyer by Usefull+Idiot · · Score: 2

    If you are being officially questioned, there are only two things you need to say -
    1. Am I under arrest?
    2. I wish to speak with my lawyer.

    Very simply because they think you were either involved with or the prime suspect in a crime, and -
    1. The police officer is trying to solve a case/send something to the DA, and that is their first priority, the lawyers/court are there to determine what happened.
    2. Even if they don't get a confession for a serious crime, they may charge you with whatever they can, to provide time to find more evidence.
    3. They have no obligation to tell you the truth or provide any information they have.

    The only way to get any view of what is going on is to involve a lawyer.

    1. Re:Always ask for a Lawyer by Anonymous Coward · · Score: 0

      How lucky for you that you can afford to have a "my" lawyer. Do you have a hobby of flushing money down the toilet too? Have you even considered the possibility that regular folks can't afford to waste money on lawyers?

    2. Re:Always ask for a Lawyer by MillionthMonkey · · Score: 2

      My wife used to be a public defender in Pittsburgh. She got shitcanned for winning too many cases.

    3. Re:Always ask for a Lawyer by Anonymous Coward · · Score: 0

      Should have bullied defendants into cooperating with the prosecution. That's what public defenders do if they want to keep their jobs.

    4. Re:Always ask for a Lawyer by sjames · · Score: 1

      Good luck with that. Many people cannot afford to have a lawyer and food clothing and shelter at the same time. At the same time, public defenders are notoriously overworked (such that even the good ones can't be effective) and many states require you to show actual indigence before they will let you have one.

    5. Re:Always ask for a Lawyer by Anonymous Coward · · Score: 0

      "My wife used to be a public defender in Pittsburgh. She got shitcanned for winning too many cases."
      If she did, I'm pretty sure she makes 3-4 times more now.

  26. The famous Reykjavik confessions by caseih · · Score: 4, Interesting

    It's not just a matter of people being idiots or people talking to police without a lawyer. There's a much deeper psychological thing going on here, and that's I think the point of the article. A famous case years ago in Iceland really illustrated this phenomenon. Six people admitted to their role in a murder in Iceland and this was thought to be an open and shut case. Several of the accused even showed police where they disposed of the body, and provided details on how they committed the murder. The problem was, none of them actually had anything to do with the murder, or any murder at all, and all the details they were remembering were not real at all. It's a very long but fascinating read. Yes they were manipulated and badgered (by well-meaning prosecutors who didn't see themselves as manipulative), but the crazy thing is that as a result they convinced themselves that they really did participate in this murder. Was this just a case of over-zealous police and prosecutors? Or was there something more to it?

    http://www.bbc.com/news/specia...

    1. Re:The famous Reykjavik confessions by Anonymous Coward · · Score: 0

      Communists like you deserve a good STARVATION.

    2. Re:The famous Reykjavik confessions by Anonymous Coward · · Score: 0

      Yeah, Maoist redefinition of victim and aggressor.

      I am starting to like the U.S. Army, because they fought BASTARDS like you repeatedly.

    3. Re:The famous Reykjavik confessions by Anonymous Coward · · Score: 0

      Awesome! Thank you so much, now I can use this as a great example to prevent the incessant negative criticism of my Scandinavian relatives! You have made my day. Can totally see that prosecutor in Iceland, saying the most unsubstantiated things with a straight face, and actually believe it.

  27. Loony bin lockup by Anonymous Coward · · Score: 1

    I was locked in a loony bin for 2 weeks.

    My first mistake was seeking help from the police when I was being stalked. They have a record of me speaking half incoherently with no physical evidence of being stalked.

    My second mistake is seeking help. Instead of them taking me seriously they locked me in the local loony bin for "observation". Saying that someone tried to kill you and has a weapon is enough.

    My third mistake is not calling a lawyer. Instead I waited them out. They tried to give me drugs which I refused on the grounds that I only take drugs presscribed by a doctor. I was labelled Difficult due to this.

    They refused to allow me to leave using bullying. Yes, I could walk out at any time, with the threat that if I did the they would force me to stay and make it a medical charge. Assholes.

    Talking to people helped.
    NEVER accept drugs not prescribed.
    Get a statement in writing stating wh you are being held.
    Get a lawyer.
    Do not give them reason to further detain you.
    Do not give them information about you.

    1. Re:Loony bin lockup by Anonymous Coward · · Score: 0

      Talking to people is always the first mistake. Friends are just enemies who haven't betrayed you yet.

    2. Re:Loony bin lockup by Zontar+The+Mindless · · Score: 1

      Friends are just enemies who haven't betrayed you yet.

      Yours is a world I'd prefer not to live in.

      --
      Il n'y a pas de Planet B.
    3. Re:Loony bin lockup by Anonymous Coward · · Score: 0

      Might as well just betray them first, then. Ever heard of self-fulfilling prophecy? or Game Theory? Or Common Fucking Sense?

    4. Re:Loony bin lockup by Anonymous Coward · · Score: 0

      Your preference is not a notable influence on reality.

  28. Re:SPARTA COMMUNISTS AND MOHAMMEDICS by Dutchmaan · · Score: 0

    At the core of the problem is the Spartian Belief that "there should be an overbearing power to eliminate all problems"

    from Urban Dictionary: Spartian (spar-shen) A cross breed of Martians a Spartans.

  29. As my attorney says by Anonymous Coward · · Score: 0

    DO NOT SAY ANYTHING! Except that you refuse to answer any questions and want your attorney! Then, say NOTHING AT ALL! Maybe asking to go to the bathroom is ok...

    1. Re:As my attorney says by Anonymous Coward · · Score: 0

      Maybe asking to go to the bathroom is ok...

      Nope. Going to the bathroom is enough evidence to charge you with being on illegal drugs.

    2. Re:As my attorney says by Kaenneth · · Score: 2

      However, shitting your own pants is sure to make the interview more interesting.

    3. Re:As my attorney says by Anonymous Coward · · Score: 0

      Explains why stupid humans buy it when I blame my farts on them... and I fart a LOT!

    4. Re:As my attorney says by Anonymous Coward · · Score: 0

      ... shitting your own pants ...

      Probably the best response when they deny one a toilet break or put a price, such as a full confession, on using the amenities.

    5. Re:As my attorney says by JonathanR · · Score: 1

      Why shit your pants? Just get up, lower your pants and deposit it on the floor.

  30. True? by Anonymous Coward · · Score: 0

    Assault with a weapon, ummm... chucking rocks at others for fun.

    Maybe it's due to most of us having legitimately committed crimes when we were young?

  31. Re:SPARTA COMMUNISTS AND MOHAMMEDICS by jd2112 · · Score: 0

    At the core of the problem is the Spartian Belief that "there should be an overbearing power to eliminate all problems"

    from Urban Dictionary: Spartian (spar-shen) A cross breed of Martians a Spartans.

    So, a mutant cross between Gerard Butler and Marvin the Martian?

    --
    Any insufficiently advanced magic is indistinguishable from technology.
  32. Sting is not innocent. Sting is a crook! by Anonymous Coward · · Score: 0

    Here is a newly published about Sting.

  33. Re:With our out-of-control gov't, NONE are innocen by Opportunist · · Score: 3, Interesting

    To quote my lawyer, "You can still confess when you're in court". It doesn't give you jack shit to do it any earlier. Yes, a confession can shave off some time from your jail time, but never ever confess anything without first consulting your lawyer, and it makes no difference whether you do it at the police or in court. Actually in court is usually even the better option since you give the judge that good, fuzzy feeling that it was him who made you confess and that it was him who made you do the "right thing". Judges are people too, and like all they can be quite vain.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  34. Re: With our out-of-control gov't, NONE are innoce by Anonymous Coward · · Score: 0

    Why the hell does everyone cite such a horrible book? Here's a breakdown - http://skeptics.stackexchange....

  35. Re:Those in authority are well aware of this, and by MillionthMonkey · · Score: 1

    I'm so sick of being told to fear terrorism. Even the damn 9/11 attacks amounted to only four average months of gun deaths in the U.S.

  36. Re:SPARTA COMMUNISTS AND MOHAMMEDICS by sconeu · · Score: 0

    This is madness!!!

    No... THIS.... IS..... MARS!!!!!!!

    And this is my Illudium Pu-36 Explosive Space Modulator!

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  37. The paper seems to be semi-free by damn_registrars · · Score: 2

    From home I can click through to the full text as HTML but if I try to click through to the PDF it wants me to pay.

    This might be an error (or perhaps their server has a guilty conscience from a crime it did not commit?) but for now if you want to see the full text, there it is.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  38. Two words by Anonymous Coward · · Score: 0

    Lawyer up. Nothing good can come of allowing yourself to be 'interviewed' by law enforcement without legal counsel.

    1. Re:Two words by Anonymous Coward · · Score: 0

      Don't forget to Money Up first. You need to pay for shit advice from your legal counsel like, "Do whatever the prosecutor tells you to do."

  39. Whereas by Anonymous Coward · · Score: 0

    Whereas the folks who conducted said study committed and actual serious crime of abuse

  40. "Innocent" by Anonymous Coward · · Score: 0

    http://www.threefeloniesaday.com/Youtoo/tabid/86/Default.aspx

  41. The machine is never wrong, son. by Anonymous Coward · · Score: 0

    Obligatory: Opening scene from season 5 of the Wire (note: link skips to right before the climax of the scene at 2:43 to 3:03)

  42. I call Shenanigans! by Anonymous Coward · · Score: 0

    This is the plot of the first episode of Blake's 7.

    I am going outside the citadel now.. see you all later!

  43. Derren Brown did this by Harlequin80 · · Score: 1

    Derren Brown is a quite famous, not quite sure what I would call him, mind fucker I guess. He is English and has a number of shows where he messes with peoples heads to show what is possible.

    In one of those shows he convinced a person that he had committed a murder in the space of a couple of hours. He used reinforcing contact, sounds, disconcerting environments etc.

    Really something to watch.

    1. Re:Derren Brown did this by Anonymous Coward · · Score: 0

      Much of it is theatrics for television, but it shows a roundabout way with which to do it. The title of it is The Guilt Trip from his 2011 miniseries The Experiments. It is on the Youtubes now, but it is probably not an official source so it is hard to tell for how long.

      Having authority figures badgering an innocent person into doubting themselves is probably easier and requires less people though.

  44. How many lights do you see? by Zontar+The+Mindless · · Score: 1

    23 of them, motherfucker.

    --
    Il n'y a pas de Planet B.
  45. Entrapment? by houghi · · Score: 4, Interesting

    Is that still legal in the USofA?

    I also overheard a conversation where some cops-in-training where proud on how they learned how to get confessions out of people for things they did not do. Not get the truth out of them. To get confessions for things THEY DID NOT DO.

    Country was Belgium.

    When I did a reply on Usenet in an anti-abuse newsgroup of a link to childporn. I informed the police. I also informed the media when it wasn't gone after 2 days.
    I was asked to come in via the company where I worked and they tried to get me for:
    1) Spreading of childporn, because of the reply that still had the URL. (And that is why you must snip on quote correctly on Usenet.) When I told them I send them an email, they explained that their mailserver was broken.
    2) The tried to get me for falsification of my identity, because the email-provider did not have my correct address. Like anybody would give out that on some random website.
    3) They tried to get me for obstruction of the law, because I spoke to the press. If they would have just send me an autoreply, I would have done nothing. Obviously I had no idea that any investigation was going on. Also: they already KNEW who was the guilty person and were keeping it live just to get higher numbers. As the URL was already out, it ment that they were basically spreading childporn.
    4) They called my company from where I had done the posting and told them they needed my information because of a child case abuse.
    Luckily the COO was not an idiot and understood after 30 seconds when I told him what I had done and even asked me if he should block the info about who I was and wait for a court order. He could easily do that under Belgian law on the right to privacy. The CEO even offerd to pay for any lawyer if anything would come of it. It never did.
    Imagine that this would have been another company. I could have lost my job over someting I was trying to get solved. But then: They do not care. They were clueless and only interested in the numbers, not in stopping spreading those sick, sick, sick images that I can not unsee.
    When I left the police station after making clear that I was not afraid and that I did nothing do and they were basically idiots (also leaving me alone with evdence of other cases on the table) they asked me if I would keep the same login in the future. Only later did I realize that I did not know the difference between a login and an email address.

    From then on I NEVER saw anything illegal on the Internet anymore. EVER.

    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:Entrapment? by nitehawk214 · · Score: 2

      Entrapment has never been legal in the USA.

      This does not stop them from doing it every single day.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    2. Re:Entrapment? by david_thornley · · Score: 1

      Entrapment, in the USA, isn't when the police talk you into confessing to a crime. It's when they talk you into committing one. It's perfectly legal for a law enforcement officer to be involved in a crime you willingly participate in, to agree to sell you illegal drugs or whatever, and that's not entrapment. If they push you into a crime, that's entrapment, and the case should be thrown out of court.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  46. Re:Sorry, but no by JonathanR · · Score: 2

    Those with the most bravado turn out to be the most suggestible.

  47. Old news. by drolli · · Score: 1

    Wrong confessions are a big problem for courts.

  48. Remember, kids... by hack++slash · · Score: 1
    --
    To do something right, you often have to roll up your sleeves and get busy.
  49. The (in)justice system by Anonymous Coward · · Score: 0

    Plea bargains would be fine if the penalties for a crime weren't ten times what they should be.

  50. Never talk to the police by Karmashock · · Score: 2

    Never ever talk to the police if you could potentially be charged with a crime.

    Not a word.

    First, they tell you up front with the Miranda warning. "Anything you say can and will be used against you in the court of law." They very clearly do NOT say that anything you say can be used in your defense. And in fact, it cannot. For example, if you tell police something incriminating then that is evidence against you. However, if you say something exhortating then it is "hearsay" and inadmissible. That is what you say can ONLY be used AGAINST you and not for you. So there is literally no incentive to say anything given that nothing you say can help you. It can literally only hurt you.

    Second, the "memory" of what you said to police is evidence in a court case. Which means if you had a long conversation with the police in which you said nothing incriminating but they "remember" you saying something incriminating then basically it is your word about what you said versus theirs. Have fun with that. Where as if you said nothing and never said anything then it is a great deal harder for anyone to misremember something you said. Make sure all your statements go through your lawyer and are on record... and say as little as possible.

    Third, in any court case against you, you start out with the presumption of innocence. The less the police have to work with the harder it will be for them to build a case against you whether you did it or not. Give them NOTHING. Simply pleading the 5th and refusing to talk is a powerful defense against any police investigation and there really isn't anything they can do about it.

    Look at what the rich and powerful do whenever they are taken to court or sit before congress giving testomony. They basically say as little as possible if they say anything at all. Before a judge they'll just plead the 5th, challenge the prosecution to make a case, and then try to tear that apart while giving literally nothing up as to what they were doing unless they can shatter a bit of the prosecution's case. And before congress they'll just say "I don't recall" over and over and over again. Because that is basically the version of "I plead the 5th" that works in a congressional investigation.

    Do not. Talk. To. The. Police.

    I say this as a law abiding citizen that believe in law and order. But the court system is set up in such a way that the police are inherently adversarial rather then impartial. And statements to them are basically just statements to the prosecution. You are not talking to an impartial judge that will weigh both sides of anything you say. You are talking to an agent that is trained to find anything he can bust you with and do it the instant he's got something.

    So do NOT talk to the police.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  51. Re: The (in)justice system..don't date cops daught by Anonymous Coward · · Score: 0

    Perhaps the cop could have a personal grudge. Maybe the prosecuted? The cases where the cops impound cash and cars without pressing charges.

  52. Anyone mention... by EdwardFurlong · · Score: 1

    http://en.m.wikipedia.org/wiki... There is a video out there, shows how far the cops are willing to lie and manipulate people to get a confession.

  53. Works in reverse as well by Anonymous Coward · · Score: 0

    If you brainwash one of the constitution-shredding serious criminals in the NSA, he'll believe himself to be innocent.

  54. I'm a law and order kind of a person by p51d007 · · Score: 0

    BUT, investigators use all sorts of psy-ops on people to get them to confess to something. BEFORE any questioning, they must read you your rights (at least in the USA)... The part of "you have the right to remain silent", DO IT! Never answer any questioning until you get an attorney, EVEN if you are 100% innocent. Once your rights are read, and you say something, it is possible for them to build a case. Remember...those people sitting on a jury are the ones that couldn't figure out how to get out of jury duty. Do you want THEM to decide your fate?

  55. US Police by prefec2 · · Score: 2

    According to most comments here, the (I assume) US police force is not trying to solve crimes by collecting evidence, but instead they are only trying to get a maximum of convictions. If so, I wonder why there are no protests about it. The police force is part of the executive of a state. They are necessary to ensure the monopoly of power in the state and represent one pillar of a modern free democracy. They must adhere the law (even if it sucks), but they must not try to impress statistically. That would be a real considerable bias. Even in a police state you try to direct the suppression towards criminals and people who oppose the government, but the accusations here point to random (may be race biased) behavior. That would imply a broken system. So can someone explain why there are no demonstrations? Every day? Until the government fixes the situation? In the US, I heard, can elect the sheriff of their city. In that case it would be possible to elect someone who wants to fix it.

  56. Not true really. by denzacar · · Score: 2, Informative

    It seems like it is - on paper.
    In reality that bell curve is actually skewed to the right - due to the limiting effects of low intelligence and test error.

    The peak in the middle of the curve is actually a flat line, so the top of the curve is not a single person with a perfect IQ100, but millions of people scoring AROUND IQ100.
    Also, due to the built-in unreliability of the test itself, a certain percentage will certainly score less than their actual intelligence.
    Due to stress, various environmental and personal issues, even things like time from last meal or how many hours of sleep one had prior to the test.
    For all those things there is no normalizing effect which would increase the score - if there were it would be outselling any drug out there.

    So, the curve actually leans to the right at the top, but the measured result comes out as symmetrical due to normalization which distorts the representation of the reality, due to the assumption that the only measurement error is in (in)accurately counting the number of correct answers (which is self-normalizing).

    Meanwhile, on the far ends of the curve (both left and right) you got what seems like exactly the same number of geniuses (right) and severely retarded (left).
    Except that those under a certain level of IQ can't take part in a society at all and must be housed in special institutions - or they die.

    So instead of a perfect 50-50 bell curve, it is closer to 40something - average - 50something division.
    Where 50+X % are of above average IQ, average IQ is a certain percentage instead of a peak in the middle, some small percentage of people are either babies, senile, comatose or severely retarded people incapable of taking care of themselves and the remaining 40+Y percent are in the below average but intellectually functional bracket.

    There is no limit on the above average side of the curve at which said IQ would negatively affect a persons ability to function.
    There is such a limit on the below average side, and it is far above 0.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
  57. This is about manipulation! by Anonymous Coward · · Score: 0

    This is about manipulation and not "stupid people" simply saying "Yes I did it". I suggest people read up on the "Reid technique" http://en.wikipedia.org/wiki/Reid_technique before calling everyone "gullible idiots". The whole thing is a "guilt-presumptive, confrontational, psychologically manipulative procedure whose purpose is to extract a confession" and that confession is not in the form of "yes I did it", that "confession" comes by cornering people through psychological abuse and breaking them down and in their weakest moment getting them to say something that potentially implies guilt without them realizing it.

    This "process" or rather this form of abuse is prohibited in e.g. several European countries specifically because of false confessions and wrongful convictions that came from it.

    Seriously, FUCK the police.

  58. Re:Those in authority are well aware of this, and by Anonymous Coward · · Score: 0

    Don't forget that suicides account for most gun deaths.

    (philip.paradis posting as AC here)

  59. Re:The (in)justice system is primarily about power by Anonymous Coward · · Score: 0

    I don't know, man. I'd be more worried if they were emotionally or philosophically invested in the case.

    Bring in all the sociopaths I say.

  60. wrong by Anonymous Coward · · Score: 0

    That's just the same sort of unsubstaniated snarkish garbage as the accusation that people opposed to homosexuality are probably secretly gay - it's the sort of drive that activists with a cause, but no honest argument, come up with as a substitute for debate (it's a simple slur that you can insert any subject into instead of exerting the effort to obtain some facts and construct some actual arguments pro or con)

  61. Reminds me of.... by knwny · · Score: 1
  62. Re:With our out-of-control gov't, NONE are innocen by Anonymous Coward · · Score: 0

    This. My judge wanted to help me, but he said quite clearly that he couldn't, because I had talked to the police and my lawyer had already advised me to plea bargain and it was too late. He was willing to vacate the charges completely, but I had already plead guilty in court to a lesser charge, right in front of him, only seconds ago. Fuck that lawyer, and fuck his family. He fucked my life because he was as much part of the system as anyone else. It's a shame that even the judge had his hands tied by procedure. Wait until court like the parent says - you have too much to lose by opening your mouth earlier.

  63. Shut the f* up! by h4ck7h3p14n37 · · Score: 1

    What part of never talk to the police do people not understand?

    I'm sorry officer, I know you're just doing your job, but I've been advised by an attorney to not answer any questions.

  64. Guilty as charged! by Dripdry · · Score: 1

    I had this happen to me, kind of...

    I thought for years that I'd cheated on an ex of mine. When someone asked me to recount everything that had happened, I came to that part and realized I'd simply been guilted, shamed, and abused into thinking I'd done something terribly wrong, when I was really just the victim of a person who was being horrible and vicious.

    people are pretty pliable.

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    -
  65. MPAA already knows that by Gallomimia · · Score: 1

    And they don't want you to know it!

    --
    Sadly, a Libertarian cannot force his views on another, and freedom cannot spread as does the cancer known as religion.
  66. The average human being by Anonymous Coward · · Score: 0

    Obama, twice, I rest my evidence