self defense shooting in Spokane

[Lammo]

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Johnny Law wrote:

gogodawgs wrote:

Remember:

"...anything you say can and will be used against you.....

it will be used against you.....NOT FOR YOU! It does not matter if it is incriminating or exculpatory it will be used ONLY AGAINST YOU!

Line #2 of my Miranda card reads; anything you sayCAN be used against you in a court of law. The word "will" appears on some, but not all. If a case does not go to trial, then obviouslyit WILL NOTbe used against one in aCOURT of law, which makes "will" a misnomer under Miranda. I fail to see how a trulyexculpatory statement could ever be used against one, as it's very definition is to clear the defendant of guilt. I can however tell you that an exculpatory statement can definetly help one's cause during an interview by Police at the time of an incident. Ultimately it's up to each individual to decide what is best for them at the time.

Your statements will also be used against you if you plead guilty (as part of the factual basis for the plea) and during any motions prior to trial so I don't have any trouble with rights cards that say "can and will".

I think the pointisthat your attorney will NOT be able to get your EXculpatory statements admitted at trial through the testimony of the police officer you made them to. Such statements are hearsay and are not subject to an exception unless truly an excited utterance (Evidence Rule (ER) 803(a)(2)). Your INculpatory, aka incriminating statements, are also hearsay but they are admissible as statements against interest (ER 804(b)(3)).

 

[Ajetpilot]

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Lammo wrote:

I think the pointisthat your attorney will NOT be able to get your EXculpatory statements admitted at trial through the testimony of the police officer you made them to. Such statements are hearsay and are not subject to an exception unless truly an excited utterance (Evidence Rule (ER) 803(a)(2)). Your INculpatory, aka incriminating statements, are also hearsay but they are admissible as statements against interest (ER 804(b)(3)).

Boy, they really stack the deck, don't they?!

 

[Lammo]

imported post

Ajetpilot wrote:

Lammo wrote:

I think the pointisthat your attorney will NOT be able to get your EXculpatory statements admitted at trial through the testimony of the police officer you made them to. Such statements are hearsay and are not subject to an exception unless truly an excited utterance (Evidence Rule (ER) 803(a)(2)). Your INculpatory, aka incriminating statements, are also hearsay but they are admissible as statements against interest (ER 804(b)(3)).

Boy, they really stack the deck, don't they?!

Yup. Damn lawyers. :lol: