← Back to context

Comment by sfRattan

21 hours ago

18 U.S. Code § 1001 [1]

[1]: https://www.law.cornell.edu/uscode/text/18/1001

does this apply to defendant ?

the most authoritarian places in the world wouldn't charge defendants for "lying"

  • In America, the defendant generally has the right not to testify against himself by remaining silent, both in court and when questioned by agents of the state out of court. Not a right to lie. This is why criminal defense attorneys advise everyone to shut up, shut up, SHUT UP without a lawyer present. Police can and will attempt to catch you in a provable lie.

    > the most authoritarian places in the world wouldn't charge defendants for "lying"

    What on Earth is this second part of your comment supposed to mean?

    Do you expect to be able to lie to the government in an authoritarian country? And not be arrested if they catch you in the lie there? And not be charged or worse if they consider the lie serious?

    • Alright. Most places would investigate crimes and charge you for them before they look at your defense itself, so I had several worries about that

      One of which is self indications (even of things that cops didn't know about or couldn't prove) that would allow them to just question anyone into admitting even a parking offense, but I guess you can shut up indeed

      I was worried that they could use any crime in a broad area and just force everyone to say with who they were and what they were doing, but you can also shut up

      I was also worried than on investigations with no real crime involved, they could just go play jeopardy and ask you what you were doing minute by minute, and get you to talk until something gets inaccurate (while they have cctv but you have no vcr in your brain). But again, you can shut up.

      When I'll be in America, I'll remember not to talk to cops.

      Not even to 911 as emergency calls are error prone : You said someone was attacked by a suv and knife when it was a pickup truck and machete, you go to jail

      2 replies →

  • From the cited statute:

    > Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.