Ever heard of “polygraph by copier”? If you haven’t, here’s how it works:
A detective loads three sheets of paper into a Xerox machine.
“Truth” has been typed onto the first sheet.
“Truth” has been typed onto the seond sheet.
“Lie” has been typed onto the third sheet. Then a criminal suspect is led into the room and told to put his hand against the side of the machine. “What is your name?” asks the detective.
The suspect gives it.
The detective hits the copy button, and a page comes out: “Truth.”
“Where do you live?” asks the detective.
The suspect gives an address, the detective again hits the copy button, and a second page appears: “Truth.”
Then comes the bonus question: “Did you or did you not kill Big Jim Tate on the evening of….?”
The suspect answers.
The detective presses the copy button one last time, and the sheet appears: “Lie.”
“Well, well, well, you lying little bastard,” says the detective.
Convinced that the police have found some mysterious way to peer into the darkest recesses of his criminality, the suspect “gives it up” and makes a full confession.
Yes, contrary to what many believe, police can legally use deceit to obtain a confession.
In 1973, the Supreme Court ruled, in United States v. Russell: “Nor will the mere fact of deceit defeat a prosecution, for there are circumstances when the use of deceit is the only practicable law enforcement technique available.”
In that case, the Court narrowly upheld a conviction for methamphetamine production even though the defendant had argued entrapment.
So what types of interrogative deceit might a police officer use to develop admissible evidence of a suspect’s guilt?
The general rule is that deception can be used so long as it’s not likely to cause an innocent person to commit a crime or confess to a crime that s/he didn’t commit.
Click here: The Lawful Use of Deception – Article – POLICE Magazine
Consider the following examples:
- A detective is interviewing a suspect in a rape case. “Oh, that girl,” he says, thus implying that the victim was a slut and had it coming. The suspect, thinking he’s dealing with a sympathetic listener, starts bragging about his latest conquest–only to learn, too late, that his listener isn’t so simpatico after all.
- “We found your prints on the gun”–or on any number of other surfaces. Actually, there are few good places on a pistol to leave prints. And those that are left can be smeared. The same goes for other surfaces. But if a suspect can be led to believe the cops have his prints, a confession is often forthcoming.
- A police officer is interrogating a suspect in a murder case. “He came at you, didn’t he?” asks the cop. The suspect, who murdered the victim in cold blood, thinks he has an escape route. “Yeah, he came at me”–this confirming that, yes, he did kill the deceased.
- “Your partner just gave you up” is a favorite police strategen when there is more than one suspect involved. If one suspect can be made to “flip”–turn–against the other, the case is essentially wrapped up.
- Interrogating a bank robbery suspect, a cop might say: “We know you didn’t do the shooting, that you were only the wheelman.” This implies that the penalty for driving the getaway car is far less than that for killing someone during a robbery. In fact, criminal law allows every member of the conspiracy to be charged as a principal.
- “I don’t give a damn what you did,” says the detective. “Just tell me why you did it.” For some suspects, this offers a cathartic release, a chance to justify their guilt.
- The “good cop/bad cop” routine is known to everyone who has ever seen a police drama. Yet it continues to yield results so often it continues to be routinely used. “Look, I believe you,” says the “good” cop, “but my partner’s a real asshole. Just tell me what happened so we can clear this up and you can go.”
- “So,” says the detective, “why do you think the police believe you did it?” “I have no idea,” says the suspect, confident that he isn’t giving up anything that might come back to haunt him. “Well,” says the cop, “I guess you’ll just have to make something up.” Make something up sounds easy, but is actually a trap. The suspect may end up giving away details that could incriminate him–or lying so brazenly that his lies can be used against him.
So is there a best way for a suspect to deal with an invitation to waive his Mirandaright to remain silent?
Yes, there is.
It’s to refuse to say anything and to ask for permission to call a lawyer.
That’s the preferred method for Mafia hitmen–and accused police officers. Any cop who finds himself under investigation by his department’s Internal Affairs unit automatically shuts up–and calls his lawyer.
Any other response–no matter how well-intentioned–may well result in a lengthy prison sentence.
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“BLACK [THUG] LIVES MATTER!”
In Bureaucracy, History, Law Enforcement, Social commentary on March 10, 2015 at 2:49 pmIt’s happened again.
Another confrontation between a white police officer and an allegedly unarmed young black man. Another struggle. Another dead black man, shot by police. And another outcry that police have once again murdered another innocent victim.
Except that the victim’s background proved anything but innocent.
Consider these three incidents:
Incident #1:
On August 9, 2014, Michael Brown, a black teenager in Ferguson, Missouri, is shot and killed during a street confrontation with Darren Wilson, a white police officer.
Almost immediately, Ferguson blacks generally and the Brown family in particular begin referring to Michael Brown as “a child.”
Except that this “child” was 18–legally an adult who could obtain a credit card, enter the armed forces and drive a car. He also stood 6’3″ and weighed 300 pounds.
Oh, and one more thing: Just before his fatal encounter with Wilson, Brown, Brown was caught on a grocery store video strong-arming a clerk, who had just seen him shoplifting a box of cigars.
Click here: SURVEILLANCE VIDEO: Police say Michael Brown was suspect in Ferguson store robbery – YouTube
Michael Brown (left) roughing up a store owner
Click here: Lawsuit seeking release of Michael Brown’s juvenile records claims slain teen was a murder suspect – AOL.com
Incident #2:
On March 1, 2015, officers of the Los Angeles Police Department (LAPD) are summoned to downtown Skid Row to break up a fight between two black men.
A security camera outside a homeless shelter shows a man pushing over a neighbor’s tent and the two men duking it out.
When four officers arrive, the suspect–Charley Saturmin Robinet–turns and ducks back into his own tent. Then he jumps out, striking and kicking before ending up on the ground. Officers use Tasers, but these appear to have little effect.
As the officers swarm about him, a bystander’s video captures the voice of a rookie officer shouting, “He has my gun! He has my gun!” That’s when the other three officers open fire.
Blacks in Los Angeles and throughout the nation immediately claimed that Robinet–known as “Africa” on the street–was unarmed when he was shot.
But LAPD Chief Charlie Beck stated that an inspection of the video shows Robinet reaching for the pistol in the rookie officer’s waistband.
The officer’s gun was later found partly cocked and jammed with a bullet in the chamber and another in the ejection port, indicating a struggle for the weapon, said Beck.
Then, on March 3, as a black outcry continued to sound throughout the nation, a news bombshell dropped:
In 2000, Robinet had been convicted of robbing a Wells Fargo branch and pistol-whipping an employee. The reason for the robbery: To pay for acting classes at the Beverly Hills Playhouse.
While in federal prison in Rochester, Minnesota, Robinet was assigned to the mental health unit, where it was determined he suffered from mental illness requiring treatment in a psychiatric hospital. He served about 13 years in prison before being released in May, 2014.
Under the terms of his release, Robinet was required to report to his probation officer at the start of each month. He failed to do so in November and December, 2014, and in January, 2015. So a federal arrest warrant was issued on January 9.
U.S. marshals were searching for him at the time of his fatal confrontation with the LAPD.
Click here: Man killed by Los Angeles police was wanted by US marshals – AOL.com
Incident #3:
On March 6, 2015, 19-year-old Anthony “Tony” Robinson, black, was shot and killed by a white police officer in Madison, Wisconsin.
The shooting came after police got a call saying that Robinson was jumping in and out of traffic and had assaulted someone. Robinson fled to an apartment, and the officer–Matt Kenny–heard a disturbance and forced his way inside.
According to police, a struggle ensued and Kenny fired after Robinson attacked him.
Only hours after the shooting, Madison Police Chief Mike Koval–who is white–called Robinson’s death “a tragedy” and prayed with Robinson’s grandmother in her driveway.
And then, on March 7, came the news: In 2014, Robinson had pleaded guilty to armed robbery and recently began serving a three-year probation term for that felony conviction.
According to a criminal complaint, Robinson was one of five men who staged a home-invasion robbery in Madison in April, 2014, searching for money and marijuana. Police captured Robinson as he fled the home, and he admitted that he stole a TV and an Xbox 360 from the apartment.
Tony Robinson
He was sentenced to three years’ probation in December.
Reacting to her son’s death, Robinson’s mother, Andrea Irwin, said: “My son has never been a violent person. And to die in such a violent, violent way, it baffles me.”
Not every police shooting of a black is a replay of Mississippi Burning, the 1964 case where three civil rights workers were murdered by white racist police.
Some police shootings are fueled by anger or prejudice. Others happen by accident or negligence. So it’s foolish to automatically assume that every police shooting is totally justified.
But it’s equally foolish to assume that every police shooting is totally unjustified. Especially when, in case after case, the “non-violent” victim turns out to have had a history of violence.
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