alt Hacker NewsOne 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.
Replies
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.
This distinction doesn't make sense. A police officer's job is to lie to you. Are we expecting jailtime for doing their job?
> 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.)