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by TimTheTinker 36 days ago
One of the worst examples in the US is the consequence asymmetry for speech. Law enforcement and federal agents can lie as much as they like with impunity when dealing with citizens, but (a) it's a federal crime to lie to a federal officer (18 US Code § 1001, up to 8 years imprisonment), and (b) truly, anything you say to law enforcement when under any suspicion can and will be used against you in a court of law, even the act of pleading the 5th, regardless of (or perhaps especially because of) your innocence. "I want a lawyer", repeated ad-nauseam, is always the least harmful response, regardless of context[0].

Also, the body of federal law and regulations is so vast that smart people estimate the average person unknowingly breaks roughly 3 federal criminal laws per day[1], giving the federal government the legal ability to arbitrarily arrest anyone they want.

[0] James Duane, You have the right to remain innocent, 2016

[1] Harvey Silverglate, Three Felonies a Day: How the Feds Target the Innocent, 2011.

4 comments

> legal ability to arbitrarily arrest anyone they want.

As the famous Russian saying goes, "Был бы человек, а статья найдется" (Show me the man, and I will show you the crime.)

Absurdities in US case law:

1. You do not assert the right to remain silent - you must state verbally that you are doing so. Otherwise the prosecution can describe your communication as "refused to cooperate with or answer questions from law enforcement" which is a "negative" finding, whereas the right to remain silent is at least meant to be interpreted neutrally.

2. Beware anything beyond the simplest statement: "Yo, I want a lawyer dawg" can be successfully argued in the (state) Supreme Court as "Defendant asked for a canine attorney. Law enforcement were unable to find one, but had fulfilled their obligation to attempt to provide counsel for the defendant. Therefore, any statements he made after his were done knowing he had no counsel and were as a result admissible."

The alternative extreme is likewise unworkable.

"OK, before we begin this meeting of the capas of our totally legitimate, not at all criminal business... Is anyone here an undercover officer of the law?"

"Shucks, you got me. I'm FBI."

However, your implied extreme isn't accurate. Lying to suspects can in some cases result in entrapment charges (although it is historically more likely for suspects with power and public office). Etc.

Yes, the current system is injust. No, it's not as bad as you claim.

A reasonable exception can be made for undercover work without permitting most of the instances where police lie to people.
This distinction doesn't make sense. A police officer's job is to lie to you. Are we expecting jailtime for doing their job?
Then it shouldn't be a crime to lie to the officer.

I genuinely don't think certain charges relating to preserving one's freedom should even be a crime in of it self.

Unless you endanger others in an extreme manner, things like "resisting arrest", running from police, or attempting to escape prison shouldn't be charges within themselves.

People love the phrase "you can beat the rap, not the ride", but that essentially gives broad power to harass and damage one's life without recourse sans extremely expensive legal routes. In this example, a man lost his freedom for 37 days over a bogus charge and was paid by the taxpayers to essentially shut up.

I believe in certain Scandinavian or northern European countries, there is no crime or additional punishmented meted out for attempting to or escaping from prison, as "the desire to be free is inherently human". You will be looked for, and retrieved and returned, to be sure, but you won't then be charged with escaping from custody.
I learned about that years ago and really internalized it.
It's not. You might be thinking of perjury, which is lying under oath.
> A police officer's job is to lie to you

Federal statute should categorize that as a fireable offense and an intentional tort incurring punitive damages at minimum, and any subsequent proceedings (after the lie) as inadmissible evidence.

If that makes investigation more difficult, then so be it. For too long, law enforcement and federal investigators have relied on inappropriate and immoral techniques to obtain conviction. Mass surveillance, warrantless wiretapping, manipulating suspects -- what happened to old-school investigation that was after truth via smart observation and deduction? There's a reason people love watching Poirot: it's a (admittedly stylized) snapshot of real justice in progress.

Their expected standard of behavior should be higher than that of citizens.

> A police officer's job is to lie to you.

No it isn't. Their job is to enforce the law. The only time it's reasonable for an officer to lie is when they're engaged in authorized undercover operations.

How is it their job to lie to me?
When trying to obtain evidence, investigators or regular officers will make frequent recourse to lies and intimidation to get you to admit to things that you may or may not have done. For example, "If you don't tell us where you were that day, CPS will take your kids away" or "Look, if you just admit what you did, we can let you go" or "We've already detained your wife/brother/mother/father and they've fessed up; just yadayada."
I'm well aware of when they will lie, but it's a choice, not an inherent part of the job.
There is no law prohibiting a police department from requiring their officers to lie to you. It absolutely can be part of the job.
The claim was not that it can be part of the job. The claim was “A police officer's job is to lie to you.”