[simonh]

Such interrogations can often occur before someone is accused. At that point, they're just a potential witness and may not be in custody and therefore might not even have been 'Mirandized'.

As I understand it anyway, I'm a furriner. We don't have anything like Miranda in the UK, but of course the same ethical issues apply.

[mirimir]

In the US, the mantra is "Am I under arrest?" and if not, "May I leave?" If you're not under arrest, I don't believe that you need to answer questions. Politely, of course. And if you are under arrest, you have the right to counsel during interrogation.

[dahfizz]

Even if you are under arrest, you don't have to answer questions. The fifth amendment gives you the right to stay silent.

[idDriven]

The key here is that as soon as you can afford a real attorney the prosecution often won't go forward. If you take public counsel, poor people in the system call them 'public pretenders' because the vast majority of the time they are buddies with the DA and will just press you to take the plea deal. Ive read about a few exceptions where they actually represent the clients but the vast majority of the time they just pressure you to take the deal and threaten you with the full penalty under law if you don't deal.

[mirimir]

True. And in theory, that's not evidence of guilt. But juries are human, so it might sway them toward guilt, at least just a little.

Also, once you have an attorney, they tell you what to say, and may even say it themselves. Indeed, they may prepare a statement, which you just read.

However, they can subpoena you, and then you do need to answer questions. With your attorney present of course. And then at trial, on the stand.

Edit: And it's not just "stay silent". You need to actually say that you're exercising your right to counsel during interrogation.

[staticautomatic]

This is wrong on several counts. They can't force you to talk at all. A subpoena can't compel you to talk. They can't compel you to talk because you have a lawyer. And they certainly can't compel you to take the stand.

[mirimir]

Huh? In the US?

If you mean that they won't torture you if you refuse to testify at trial, you're correct. But the judge may declare you in contempt, and throw you in jail. And if you continue refusing, there's no limit to jail time. It could be for life, if you're determined enough.

[staticautomatic]

Absolutely not. You cannot be forced to testify against yourself and you cannot be held in contempt for refusing to do so.

If you are testifying against someone else there are instances in which you can be compelled. Even then you can't be compelled to testify about anything that would implicate you in a crime.

[jon-wood]

> We don't have anything like Miranda in the UK, but of course the same ethical issues apply.

We definitely do, the wording is just a bit different to the US version: https://en.wikipedia.org/wiki/Right_to_silence#England_and_W...

[pbhjpbhj]

You can't plead the fifth and then raise things in court later, though. Which does make it markedly different. And I thought in limited circumstances that there was no right to be silent, that it was an offense not to inform the LEOs:

I'm pretty sure that this, http://www.legislation.gov.uk/ukpga/1987/38/section/2 (Criminal Justice Act 1987), says you can't refuse to answer questions or provide documents but that your answer can't be used alone as evidence against you, it must be corroborated. That is, no right to silence.

[grkvlt]

And note that within the UK there are some big differences! The wiki link in the parent comment is for the England and Wales version of the police statement made at time of arrest, which points out that:

> 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.

But in Scotland, which has a slightly different (and obviously, of course, much better) legal system, the police statement is:

> You are not obliged to say anything but anything you do say will be noted and may be used in evidence.

The difference is due to the fact that under Scots Law, no adverse inference can be drawn based on a persons silence.

I am not a lawyer, but I would assume that they would recommend getting arrested in Scotland, rather than England, if you absolutely must commit crimes in the UK...

[pbhjpbhj]

Ooh, I've never thought about it before, how do police chases work at the border. Presumably Scottish police or English police have the right to arrest following a border chase, or do they have to detain and get assistance for the actual arrest.

Reminds me of a trope from old USAmerican movies where criminals are trying to reach the state line because the police aren't allowed to cross it.

[grkvlt]

As with all things like this, it's complicated.[0]

It used to be the case that the right did not exist, but there are now provisions that allow cross-border arrests under 'urgent' circumstances even if there is no arrest warrant. This is confounded by the fact that some crimes do not exist or have different names or are classified differently. So, if I was North of the border in possession of an air rifle without a license, and was then chased by a Scottish Constable across the border into England, well... I have no idea if they could then detain (that is, arrest) me, since in England air weapons do not require a license. Anyone curious about this should try the experiment and report the results...!

0. https://assets.publishing.service.gov.uk/government/uploads/...