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Listening to the fallout of the arrest of drug kingpin Freddie I was surprised that the legal advice from the only Lawyer in Borchester, Usha, to Elizabeth, was “Freddie’s best hope is to be complete honest and admit to everything”. Now I may have had more experience than the shows writers on being on the wrong side of the law but even a novice would think this is bad move, guilty or not. Yes he’s going to get done for something but his legal advisor in the interview was more silent than Ruari or Kathy Perks, he should have told Freddie to go no comment, as it is he’s done police’s job for them and if he could have carried on I could see him holding his hands up harbouring Lord Lucan and kidnapping Shergar. Vastly entertaining stuff nonetheless.
When I’m watching British crime shows I’m always amused when the lawyer for the person in custody sits absolutely silently as their client is being questioned by the police.
Having watched so many British crime shows, I’ve always been curious about the difference between American and British “Miranda rights”. (yes, I know that “Miranda rights” is an American term, derived from the Supreme Court case, Miranda v. Arizona, 1966). I found this comparison on the internet, authored by “Tim Dees, retired cop and Criminal Justice Professor, Reno Police Department, Reno Municipal Court, and Pyramid Lake” …
:“The U.S. Miranda warning varies a bit from place to place, but this is basically it:
You have the right to remain silent and refuse to answer questions.
Anything you say may be used against you in a court of law.
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?The British version is simpler:
“You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
The big differences:
There is no mention of the right to counsel in the British version.
There is no mention of the right to stop answering questions in the British version.
The British version references consistency between any statements and testimony given in court later. If the statements are inconsistent, one may be used to impeach the other.”Our DTD legal experts, feel free to weigh in.
Thanks Witherspoon, I’ve always been of the opinion that talking too much during a police interview is more likely to incriminate yourself, best to see what the other side have first and then consult your legal advisor. Its always going to more difficult to try and change what you’ve said in an opening interview, far better to get your all your ducks in row first before answering the hard questions. Freddie basically admitted he was a dealer so he has no way back from that now, better to wait and go just for the possession. As you said any inconsistencies between statements will be used in court which is a lot more harmful to the defendants cause than the police saying you refused to answer any questions at the first interview.
Just listened today and now Elizabeth has had her alcohol license suspended as the police contacted the board. There have been comments on fb that this wouldn’t happen that fast or at all. Thoughts? And anyone think Freddie is going to look set to get a fine or something trivial until some pickers or schoolmates come out with stories similar to Noli etc where it will become obvious that Freddie was involved in multiple sales over different areas and the storyline will roll out from there…
Also Elizabeth was taking it TOO well almost even after taking kate back from going to the police, then saying freddie has to talk to Noli after kate said no contact. I was yelling at elizabeth to be happy and take kate’s lumps. But finally her composure broke at the end at the idea of the license being suspended. I do feel bad for Elizabeth having “the bad kids” after being so proud of them in front of robin and kate having the upper hand. She is so dependent on Lily, relying on her for support and its going to be bad when she finally twigs to Lily’s secrets.Lily has always been the smart one and the dependable one and it will be brutal for Lizzie when she sees history repeating itself. She was even worried about Meredith’s reaction to the drama today and lily must be cringing so much inside. I know I was!
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