Comment

No Incident Report? Then Where's Use of Force Report? Violations From Ferguson - PINAC

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1Peter G18/30/2014 11:25:26 am PDT

re: #6 Kaessa

Pretty much. This is a fairly common situation, so common in fact that it is often used as a literary convention in police procedruals in novels and on television. And it happens in real life all the time. You may infer what you like from the officer’s refusal to cooperate but no judge will instruct a jury that this may be taken as evidence of guilt. The only way a person may be compelled to give testimony that may incriminate them is if they are given immunity from prosecution for that testimony. There is one odd exemption and that arose in connection with the Boston bombings where Tsarnaev was questioned before being Mirandized. Even then his rights were not abrogated. He was merely not advised formally of what his rights were. I’m not trying to be mean here. This is simply the truth. The police department cannot compel the officer to cooperate and they can’t fill in the blanks just so they’ve written stuff on paper.