These 3 Words Can Harm Your Defence

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[nua]

Taking a smile as a confession, is worrying as lots of people smile when nervous. Also a nod can be an acknowledgment that someone understands what they are being told rather than an agreement.

[karlhawkes]

It should not have to be this way.

Hardened criminals get away with it because they know to say nothing. Naive people who are the victim of circumstances or emotions often gets snared by the law.

[scousiered]

"I love you" were the three words that always got me into trouble.

[barryemery]

When I was attacked, the attacker did come off worse and I was arrested at the time. My words in the interview was “I defended myself using the minimal amount of force necessary”, this was accepted and I was eventually released without charge. It turned out that the attacker was “well known” to the police.

[DrWrapperband]

Laughing is the human way of expressing shock. It is cultural as well, in Asian countries laughing means you are embarrassed. It is a scandal if the Police use laughing as evidence of guilt.

[Ggdivhjkjl]

In South Australia a few years back, a burglar broke into the house of a samurai sword collector who killed him. The jury refused to convict.

[MrNorker]

Nearly got forced to pay damages because I once said I was sad that the other person in the car accident got hurt badly. What a world we live in that sympathy for other people is seen as an admission of guilt (I only got off because there was video evidence of her running the red light and me trying to brake and swerve to avoid hitting her car).

[Ade_]

Also never apologize or say sorry if you've done nothing wrong. An admission of guilt can be implied by those words.

[bobmirdiff]

Five Words . . . "Let Him Have It, Chris!"

[AddBlue]

My great grandad said this: there are two things to avoid in life if possible, police and hospitals.

[michaelayling]

You don't want a confession, you want the truth, admitting to something that you didn't do because of a bartering justice system is criminal in itself.

[bigtorrisi]

This interview is being recorded, is there anything you wish to say.
Yes, please dont hit me again officer.

[sahhull]

Never talk to the police without a lawyer.
Never talk to the police in conversation. They are waiting for you to incriminate yourself.
The police are not your friends.
The police will arrest you based on feelings rather than law.

Any wonder why respect and public opinion of the police is at an all time low.

[tedebaer]

There shouldn't be any assumptions allowed in the legal system and certainly not based on one's facial expressions. The justice system is flawed in so many ways. Keep up the good content, greetings from Sweden.

[caribstu]

I was minding my own business waiting for a taxi when I was attacked by three blokes who'd been thrown out of a club for fighting. Despite attempts to avoid confrontation, (which was captured on CCTV) one of them threw a sucker punch to my head and a fight started. i defended myself, until the fight was eventually broken up by the Police, who arrested all four of us.

The mistake I had made was that of not realizing until half way through the initial Police interview that i wasn't being treated as the victim, but the suspect. I was unaware one of my attackers had been rushed to hospital and was in ICU. I also had a slight concussion. Several times I asked for a solicitor but the two CID conducting the interview continued to question me anyway. By the time I realized what was going on, It was too late.

Initially i was charged GBH Section 18 (intent)

Two of the three attackers had previous for ABH, where as i had no record. CCTV and witness statements confirmed they attacked me, and i acted in self defense. The charge which was reduced to GBH section 20. (no weapons / self defense)
Eventually, at trial, under cross examination they admitted they were out looking for a fight and weren't bothered who they picked on. Despite my clean record, their obvious intent, and my act proven to be of self defense, i was sent down for 18 months.

Don't get me wrong. i did it. I beat the living crap out of them, and it could have been worse, I could have faced a manslaughter charge. In prison, everyone is innocent. Except me, I was the only inmate who put their hands up and said i was guilty. Did my bird. But a part of me knows the Police stitched me up. They knew I was concussed. They never allowed me to see a doctor and when I asked for a lawyer they continued to question me regardless. They also knew I'd acted in self defense yet my attackers were not charged.

A better brief than the one who represented me at trial would have probably got the entre interview thrown out. But I was 19, and naively assumed ( as most people do) the Judicial system was about fairness and justice.

That was my one and only offence, and frankly, when the Judge said he accepted I acted in self defense but had gone too far, showed a complete detachment from reality. When you're attacked in the street at night by three people you don't count how many times you hit them back, until you're even, You don't stop hitting them until you know they're not getting back up.

The Police are only interested in a result. If I knew then what i know now from the off I'd request council, request a Doctor, then not say another word until a solicitor is present. Not even to say 'No comment'. ( and forget those duty solicitors, waste of time)

[DarrenStarr]

I fell for this many years ago. It still angers me to this day. I pleaded guilty for criminal damage for something I didn't do because the legal-aid solicitor told me that it it was better for me to do it as I'm not likely to win, they wouldn't allow me to enter evidence from impartial witnesses and my sentence would be so much bigger than if I just "took one on the chin". I feel totally stitched up and have no trust in the criminal justice system at all. I wish I could clear my name but I never will be able to as 6 years have passed. I was naïve. I believed in the rule of law, but now I see it's all a farce. That is why they can create lockdowns for us, whilst Boris partied and had an affair, lied to us all multiple times and even with clear video evidence we all saw on social media, the Police who would have known said there was insufficient evidence. They are rotten, the lot of them.

[AlanScottDavies]

You remind me so much of our Criminal Law lecturer [Professor Ian Smith] at Earlham Hall School of Law [UEA] when I was in my first year of the LLB (Hons) degree in 1993. He was clear, engaging, and interesting, such that I never wanted the lectures to end. You are so much like him and it takes real skill to teach. Some lecturers had more letters after their names than a Scrabble board but they couldn't teach us how to boil a kettle. Massive respect to you and keep up the good work. Alan

[jaxkovak]

So it would seem that the Police don't really _care_ who is actually guilty, just so long as they get a conviction. The justice system is broken from the bottom up.

[AkiraHDR]

During my security training I was told these 3 words "reasonable and proportionate" if such event should happen.

[colinsmith]

I have been in this situation, my attacker and l were in court together charged with common assault against one another, he headbutted me on the nose, and grabbed hold of my testicle twice. I restrained him three times with each attack he unleashed upon me.l also punched him a few times.ln the mean time he came after me because l did not beat him to a pulp, my first mistake.Secondly l said to the police my punching him were warning shots, not to destroy him. Thirdly when l refused to fight him again and reported him to the police they did nothing.My advice is say nothing, ask for a solicitor and wait for your day in court. The police and prosecution do not care about right or wrong, only their assumption of it.