In what circumstances can the "No comment" response be considered suspicious?

[barrier]

The general attitude by those who support the "No comment" response even when someone is totally innocent of any crime appears to be because of incrimination.  The question is though, if a suspect is totally innocent, how can they possibly incriminate themself?

Theres been a good programme on Channel 4 Monday nights called 24 hrs in custody,this week just gone a man was arrested in regards a murder by a knifing he answered no comment when questioned turns out he had nothing to do with the murder but when arrested but he was carrying a weapon.

[Carana]

On the other hand, I'm watching a few unfolding situations in the media, and I do find taking the 5th as indicative of something to hide.

Either they do have something to hide, or they fear - for reasons unknown - that they are being stitched up.

Or their legal counsel advises to shut up while they attempt to get up to speed.

Lots of possibilities...

[Carana]

Theres been a good programme on Channel 4 Monday nights called 24 hrs in custody,this week just gone a man was arrested in regards a murder by a knifing he answered no comment when questioned turns out he had nothing to do with the murder but when arrested but he was carrying a weapon.

Thanks Barrier, I'll keep a look out for the programme.

[barrier]

Thanks Barrier, I'll keep a look out for the programme.

Don't know what your viewing platform is but its on catch up via Now tv.

[faithlilly]

On the other hand, I'm watching a few unfolding situations in the media, and I do find taking the 5th as indicative of something to hide.

Either they do have something to hide, or they fear - for reasons unknown - that they are being stitched up.

Or their legal counsel advises to shut up while they attempt to get up to speed.

Lots of possibilities...

I think not answering questions when your daughter is missing not only looks suspicious but also heartless.

[jassi]

Yes i think you are right there John - spot on

IMO reputation /career have always come first.

As it turned out, her career prospects plummeted although  not those of her husband.

[Alice Purjorick]

I thought Mi Dearios that in Portugal it went a little bit loik dis; I belive I have actually posted this previously/

Arguido Rights.

The Portuguese procedural system assigns the arguido the right to remain silent during the procedure from the moment he/she is formally designated arguido/arguida.
The fact that the arguido decides to remain silent cannot be detrimental to himself. Moreover the CCP does not threaten with a sanction of anykind the arguido that having decided to talk instead of remaining silent makes false declarations.
This does not confer a right to lie merely a right not to be punished for lying.
As a consequence of the right to remain silent the arguido has no duty of any kind to cooperate with investigative authorities for the purpose of determining the truth.
It should also be noted that as a refraction of the privilege against self incrimination the arguido cannot under any circumstances make a declaration under oath.(CCP Article14(3)).

[Vertigo Swirl]

I think not answering questions when your daughter is missing not only looks suspicious but also heartless.

Why heartless when the people asking the questions believe you hid her body?  If you had nothing to do with her disappearance why would not giving the police answers to their questions about you and your behaviour and attitudes to your children harm the investigation into her disappearance?

[Vertigo Swirl]

As it turned out, her career prospects plummeted although  not those of her husband.

do you have a cite for that?

[Carana]

I thought Mi Dearios that in Portugal it went a little bit loik dis; I belive I have actually posted this previously/

Arguido Rights.

The Portuguese procedural system assigns the arguido the right to remain silent during the procedure from the moment he/she is formally designated arguido/arguida.
The fact that the arguido decides to remain silent cannot be detrimental to himself. Moreover the CCP does not threaten with a sanction of anykind the arguido that having decided to talk instead of remaining silent makes false declarations.
This does not confer a right to lie merely a right not to be punished for lying.
As a consequence of the right to remain silent the arguido has no duty of any kind to cooperate with investigative authorities for the purpose of determining the truth.
It should also be noted that as a refraction of the privilege against self incrimination the arguido cannot under any circumstances make a declaration under oath.(CCP Article14(3)).

Yes, it's a principle in the legal system of many countries.

However, that is not necessarily how the public views it.

[Carana]

I was giving you an example of how a perfectly innocent response can be twisted into a motive.  I'm not saying that the answers I gave as examples would have been the answers Kate gave, I have no idea how she would have answered them.

I can also see how whatever she answered could have been twisted to fit into a prosecution theory.

IMO, the so-called "interim" report offers some intriguing insights if one compares some of the questions to the contents of that document.

[faithlilly]

Why heartless when the people asking the questions believe you hid her body?  If you had nothing to do with her disappearance why would not giving the police answers to their questions about you and your behaviour and attitudes to your children harm the investigation into her disappearance?

TBH it wouldn’t have mattered what the questions were Kate would still have stayed silent.

[Alice Purjorick]

Yes, it's a principle in the legal system of many countries.

However, that is not necessarily how the public views it.

As long as the judge recognises it and directs accordingly we should be OK.
Provided of course the legislation has passed the LBJ test:
You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered..
Try telling the public that!

[Vertigo Swirl]

TBH it wouldn’t have mattered what the questions were Kate would still have stayed silent.

Quite understandable too in the circumstances.

[faithlilly]

Quite understandable too in the circumstances.

Is it ? Not to me it’s not.

I’ll never forget Kate McCann’s face the afternoon her arguida status was lifted. She looked terrified. I think even she was self aware enough to know how bad not answering questions in the investigation to find her daughter would look to the public.

Her mother, when they were made arguidos, said her daughter had answered all the police’s questions and was helping as much as she could. I’ll bet she was surprised too when she found out that wasn’t the case.