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In one of my previous videos I talked about various police interrogation techniques People commented with their helpful advice-- lawyer up; stay silent; say nothing Indeed one has the right to remain silent and the right to legal counsel Today I'd like to talk about how to invoke those rights Because you know what The invocation of legal rights may be a little trickier than one might have initially thought So in this short video let me tell you the story, and please bear with me until the end Research has shown again and again people attempt to invoke their rights but fail to do so in a legally valid manner And this is because the invocations of legal rights need to be shaped in a particular form of language that can hold up in court The reason that the courts state and federal are quite strict about the language used for invocations of rights is that such utterances or the saying of such sentences have important legal consequences And that is why a lot of the legal talk that we can think of all sounds very scripted standard and similar They are almost always the same Think about it -- by the power vested in MEB the State of New York I pronounce you husband and wife Or we the jury in the above entitled action find the defendant guilty as charged Or You are under arrest You have the right to remain silent Anything you say can and will be used against you in a court of law These sayings sound so standard and scripted because they need to be Legal speeches have consequences The mere utterance of these words will bring about specific legal outcomes that are intended and specifically designed to occur when these words are said out loud So of course legal talks sound quite a bit different from other types of talks Now the problem with this is that because most people are not trained legal speakers we might be unaware that what we are trying to say when attempting to invoke our rights may not be legally efficacious For instance if I try to invoke my righto legal counsel by saying -- may I speak with a lawyer Because I phrased it as a question a reviewing court may not recognize this as a valid invocation Because instead of invoking my right in clear manner I merely asked a question about potentially invoking my right and a police officer is certainly not obligated to answer this question of mine So it is not advisable to try to invoke one'right in the form of a question or using softened and confusing and indirect language But those types of language is exactly what one tends to use when dealing with the police Social psychological and sociolinguistic studies have repeatedly shown that in situations of power asymmetry or power imbalance the less powerful party tends to express themselves using hedged and indirect language A police interrogation is certainly such situation where power is quite unbalanced Just look at my previous video you will see that the interrogation is typically set up to give the police officer as much power and control as possible...
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