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True, but the counterpoint is that the opinion of a single law professor and police officer does not constitute a majority, a consensus or even an established fact. Grains of salt are best when liberally spread on both sides.
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Touche....I don't see your counterpoint to hold much water if it does establish a consensus or especially an established fact. The defense atty provided examples to support his case. I'd at first claim anecdotal evidence, but since it's recorded as one of many cases I tend to take heed.
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We hate it when folks characterize all gun owners as redneck wackos, so lets stop painting all police as gestapo interrogators.
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I don't think the majority that actually saw the vids are insinuating this in the first place...
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As far as who's testimony carrys more weight at trial, it depends. However if everything I say lines up with all the physical evidence, then I'm not to worried about what johnny law has to say.
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Your key word here is "if". That's an AWFUL big gamble to take in a serious incident that you stated. My rebuttal is that one CAN get burned in court even if one follows your logic.
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There isn't anything the police need to manufacture for this. Their problem is figuring out whether the guy with the gun was the attacker or the guy on the ground. If its a clear cut shooting (my wife was a witness, the knife is still in the guys hand/on the ground, he's got a rap sheet) I can save myself a whole mess of grief by giving a short summary of what happened.
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You need not worry about convincing the police officer of your innocense...
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What I do object to is this idea the you should never talk to the police. Its a conclusion based on a faulty premise and isn't practical in every situation.
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If there's even a shred of possibility of a crime that's been committed would wrongfully be branded on me I will not peep a word to the cops.
What's that old saying? "Better to have others THINK that you're a fool rather than SPEAK and remove all doubt.
Tell me this: Where have you seen one being convicted due to not saying ANYTHING to police whether it's at the scene of a crime or at the station during interrogation? There's not one case out there that I can recall that one gets convicted because he/she didn't talk to police. It's almost always because they DID.