Don't Talk To Cops

[thret]

Youtube lecture on why you should always take the 5th. Quite a few angles I had never heard of.

YouTube - Don't Talk to Cops, Part 1
YouTube - Don't Talk to Cops, Part 2

[bigfatbastard]

Some good advice - if you are in America!
But don't forget that the US and Australia have very different laws
and procedures. Not to mention that there are some circumstances
in Australia where a person is compelled to speak to Police (or other
authority).
For example, you are most definitely required to state your name,
address and date of birth when asked for it, and then provide proof
of those details upon demand (identification, etc.). Certain driving
matters demand a response, and there are others.

Interesting nonetheless.

Additionally, a great many crimes in Australia and around the world
are solved not by Police-obtained confessions, but by public-obtained
confessions from 'crims' down the pub who couldn't keep their mouths
shut, bragging about their exploits - "look what I did" and such.
It aint a perfect crime if someone else knows about it.

BFB

[whitey9999]

Yeh can't plead the 5th here, but good video to watch.

Speaking of the issue, I just got fined for travelling with an invalid concession card. On the back it says " Personal information may be disclosed with the consent of the person to whom it relates or as permitted by legislation"
The train officer said they don't issue the fines so a third part issues the fines.
What is the legislation that they can freely give out your information, Since I didn't give consent to have my information given out to a third party.

[DaNRL]

Yeh can't plead the 5th here, but good video to watch.

Speaking of the issue, I just got fined for travelling with an invalid concession card. On the back it says " Personal information may be disclosed with the consent of the person to whom it relates or as permitted by legislation"
The train officer said they don't issue the fines so a third part issues the fines.
What is the legislation that they can freely give out your information, Since I didn't give consent to have my information given out to a third party.

You can't plead the 5th but that doesn't mean you have to incriminate yourself

There are certain situations you have to answer the police but it's unlikely to give away too much that's incriminating

[chenyan]

Speaking of the issue, I just got fined for travelling with an invalid concession card. On the back it says " Personal information may be disclosed with the consent of the person to whom it relates or as permitted by legislation"
The train officer said they don't issue the fines so a third part issues the fines.
What is the legislation that they can freely give out your information, Since I didn't give consent to have my information given out to a third party.

I would hazard a guess that it would be contained in the regulations for the relevant Public Transport (or whatever) Act.

[thret]

I'm aware that we cannot plead the 5th as we are not in America, but according to the sum of all human knowledge:

Within Australia, the right to silence derives from common law. The uniform position amongst the states is that neither the judge nor the jury is permitted to draw any adverse inference about the defendant's culpability, where he/she does not answer police questions.

It has also been upheld by the High Court in the case of Petty v R (1991) 173 CLR 95.

Miranda warning - Wikipedia, the free encyclopedia

It seems reasonably clear that unless there are exceptional circumstances you won't get into extra trouble by remaining silent.

bfb I think you are quite right, people often share information for no sensible reason. Even if you trust someone completely, why involve them in it?

[paulyramone]

'No comment'.

Ad infinitum.

[KH4LIL]

After watching that video, it makes me think that in the states I can plead the 5th if im asked to take a breath test...unless there is some sort of fine print where thats exempt

[SkyNgger]

The right to silence is actually enshrined in very old English common law. There's a pretty hilarious Court Transcript on Scribd which is worth a read if you're not a tldr moron type. Here's the opening scenes:

TRANSCRIPT OF PROCEEDINGS
TRANSCRIPT IN CONFIDENCE O/N 138069

FEDERAL MAGISTRATES COURT OF AUSTRALIA
PARRAMATTA REGISTRY

HIS HONOUR:Mr <SURNAME>.Mr <SURNAME>, just come in, sir.Have a seat.

MR <SURNAME>:I will do so if I can enter with all my inalienable rights intact, sir.

HIS HONOUR:No, you can just come in and have a seat, or you can not participate at all.It’s a matter for yourself.

MR <SURNAME>:I’ll do so if you agree that all my inalienable rights are intact, sir.

HIS HONOUR:No, I don’t agree.

MR <SURNAME>:You don’t agree that I have my inalienable rights intact, sir?

HIS HONOUR:No, I don’t.It’s a matter for you as to whether you want to
participate or not, so if you do want to participate, come and have a seat at the bar table.

MR <SURNAME>:I will do so, sir, if you agree that I have all my inalienable rights intact.

HIS HONOUR: No.

MR <SURNAME>:Are you denying me my inalienable rights, sir?

HIS HONOUR:I am.

MR <SURNAME>:So let me just record this then.

HIS HONOUR:Call Mrs <SURNAME>.It’s all recorded, sir.You don’t need to.
You can get copies of the transcript.It’s all on record.Mrs <SURNAME>, is she coming in?

MR <SURNAME>:I haven’t seen her, David.

HIS HONOUR: Didn’t talk to you, sir?

MR <SURNAME>:There’s no one outside – she’s just arrived.

HIS HONOUR:Good, thank you.Ms Bevan, are you appearing for the respondent
today?

MS BEVAN:I am, your Honour.

HIS HONOUR:All right.

MS BEVAN:The respondent is before the court.

HIS HONOUR:Thank you.

MR <SURNAME>:Sir, my name is Peter <SURNAME> – my calling is Peter
Andrew <SURNAME>.I have asked David Dunkley – I have told David Dunkley
that I will enter this court room if I have all my inalienable rights intact.David
Dunkley has said that I do not have all my inalienable rights intact.I will not enter
this court room until such time as I have all my inalienable rights intact and you are
agreement, Mr Dunkley, to that.

HIS HONOUR:Just have a seat, sir.

MR <SURNAME>:No, sir.I will have a seat when you agree I have all my inalienable rights intact.

This goes for 19 pages. It's pretty hilarious stuff if you're into that sort of thing....

GlobalMan.court.transcript

It cracks me up when he just starts calling the Magistrate "David". It's also worth noting the strategy doesn't really play out all that well for him, in the end (~spoiler). But his hilarious resistance to paying child support and his behaviour in the courtroom did genuinely have legitimate grounding in law.

But of course, all laws are unjust. Because they're selectively applied.