Translate me

 

Showing posts with label Civil Liberties. Show all posts
Showing posts with label Civil Liberties. Show all posts

Judge: Americans can be forced to decrypt their laptops

American citizens can be ordered to decrypt their PGP-scrambled hard drives for police to peruse for incriminating files, a federal judge in Colorado ruled today in what could become a precedent-setting case.
Judge Robert Blackburn ordered a Peyton, Colo., woman to decrypt the hard drive of a Toshiba laptop computer no later than February 21--or face the consequences including contempt of court.
PGP Desktop: Even the FBI can't crack it!
PGP Desktop: Even the FBI can't crack it!
(Credit: Symantec)
Blackburn, a George W. Bush appointee, ruled that the Fifth Amendment posed no barrier to his decryption order. The Fifth Amendment says that nobody may be "compelled in any criminal case to be a witness against himself," which has become known as the right to avoid self-incrimination.
"I find and conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer," Blackburn wrote in a 10-page opinion today. He said the All Writs Act, which dates back to 1789 and has been used to require telephone companies to aid in surveillance, could be invoked in forcing decryption of hard drives as well.
Ramona Fricosu, who is accused of being involved in a mortgage scam, has declined to decrypt a laptop encrypted with Symantec's PGP Desktop that the FBI found in her bedroom during a raid of a home she shared with her mother and children (and whether she's even able to do so is not yet clear).
Colorado Springs attorney Phil Dubois, who once represented PGP creator Phil Zimmermann, now finds himself fighting the feds over encryption a second time.
Colorado Springs attorney Phil Dubois, who once represented PGP creator Phil Zimmermann, now finds himself fighting the feds over encryption a second time.
"I hope to get a stay of execution of this order so we can file an appeal to the 10th Circuit Court of Appeals," Fricosu's attorney, Phil Dubois, said this afternoon. "I think it's a matter of national importance. It should not be treated as though it's just another day in Fourth Amendment litigation." (See CNET's interview last year with Dubois, who once represented PGP creator Phil Zimmermann.)
Dubois said that, in addition, his client may not be able to decrypt the laptop for any number of reasons. "If that's the case, then we'll report that fact to the court, and the law is fairly clear that people cannot be punished for failure to do things they are unable to do," he said.
Today's ruling from Blackburn sided with the U.S. Department of Justice, which argued, as CNET reported last summer, that Americans' Fifth Amendment right to remain silent doesn't apply to their encryption passphrases. Federal prosecutors, who did not immediately respond to a request for comment this afternoon, claimed in a brief that:
Public interests will be harmed absent requiring defendants to make available unencrypted contents in circumstances like these. Failing to compel Ms. Fricosu amounts to a concession to her and potential criminals (be it in child exploitation, national security, terrorism, financial crimes or drug trafficking cases) that encrypting all inculpatory digital evidence will serve to defeat the efforts of law enforcement officers to obtain such evidence through judicially authorized search warrants, and thus make their prosecution impossible.
While the U.S. Supreme Court has not confronted the topic, a handful of lower courts have.
In March 2010, a federal judge in Michigan ruled that Thomas Kirschner, facing charges of receiving child pornography, would not have to give up his password. That's "protecting his invocation of his Fifth Amendment privilege against compelled self-incrimination," the court ruled (PDF).
A year earlier, a Vermont federal judge concluded that Sebastien Boucher, who a border guard claims had child porn on his Alienware laptop, did not have a Fifth Amendment right to keep the files encrypted. Boucher eventually complied and was convicted.
Prosecutors in this case have stressed that they don't actually require the passphrase itself, and today's order appears to permit Fricosu to type it in and unlock the files without anyone looking over her shoulder. They say they want only the decrypted data and are not demanding "the password to the drive, either orally or in written form."
Because this involves a Fifth Amendment claim, Colorado prosecutors took the unusual step of seeking approval from headquarters in Washington, D.C.: On May 5, Assistant Attorney General Lanny Breuer sent a letter to Colorado U.S. Attorney John Walsh saying "I hereby approve your request."
The question of whether a criminal defendant can be legally compelled to cough up his encryption passphrase remains an unsettled one, with law review articles for at least the last 15 years arguing the merits of either approach. (A U.S. Justice Department attorney wrote an article in 1996, for instance, titled "Compelled Production of Plaintext and Keys.")
Much of the discussion has been about what analogy comes closest. Prosecutors tend to view PGP passphrases as akin to someone possessing a key to a safe filled with incriminating documents. That person can, in general, be legally compelled to hand over the key. Other examples include the U.S. Supreme Court saying that defendants can be forced to provide fingerprints, blood samples, or voice recordings.
On the other hand are civil libertarians citing other Supreme Court cases that conclude Americans can't be forced to give "compelled testimonial communications" and extending the legal shield of the Fifth Amendment to encryption passphrases. Courts already have ruled that that such protection extends to the contents of a defendant's minds, the argument goes, so why shouldn't a passphrase be shielded as well?
Fricosu was born in 1974 and living in Peyton as of 2010. She was charged with bank fraud, wire fraud, and money laundering as part of an alleged attempt to use falsified court documents to illegally gain title to homes near Colorado Springs that were facing "imminent foreclosure" or whose owners were relocating outside the state. Some of the charges could yield up to 30 years in prison; she pleaded not guilty. Her husband, Scott Whatcott, was also charged


Read More... Judge: Americans can be forced to decrypt their laptops

14 United State Governors Prepare State Militia Defenses

14 United State Governors Prepare State Militia Defenses: To Counter Obama’s Rogue Federal Forces!



Obama fearing a revolution against him by the states, has moved swiftly by nationalizing nearly all National Guard Forces in multiple states; Georgia, Alabama, Kansas, Minnesota, Tennessee, Virginia, Louisiana, South Carolina – to name a few. The Governors of the Great States of Alabama, Georgia, Louisiana, South Carolina, Tennessee, Texas, and Virginia still have under their Command-and-Control the State Defense Forces to go against U.S. Federal forces should the need arise. Also important to note: There are NO U.S. laws prohibiting National Guard troops from also joining their State’s Defense Forces. This dilemma occurred during the Civil War with many “citizen soldiers” choosing to serve their states instead of the Federal Government.
Obama is angered by the several State Governors who have reestablished “State Defense Forces.” These forces are described as: “State Defense Forces (also known as State Guards, State Military Reserves, State Militias) in the United States are military units that operate under the sole authority of a state government; they are not regulated by the National Guard Bureau nor are they part of the Army National Guard of the United States. State Defense Forces are authorized by state and federal law and are under the command of the governor of each state. State Defense Forces are distinct from their state’s National Guard in that they cannot become federal entities.”

Mr. Obama is fearful of these State Defense Forces, in that he does not have control of said forces, and with the U.S. Military stretched to near breaking from multiple deployments and theatre actions in Iraq and Afghanistan, these State military forces would be under the direct command and authority of the Governors in which states have said forces. In essence, the Governors would have “de facto control” of the United States.

Notice All Of Ramadan Celebrating Islamic Terrorist Camps
The two Governors leading this move are: Tim Pawlenty, Governor of Minnesota; and Rick Perry, Governor of Texas. Both of these State Governors stated they have: “…deep fear the President is destroying their Nation.” Governor Pawlenty’s fear of Obama is that since Obama took office he has appeased America’s enemies and has shunned some of America’s strongest allies, especially Israel. Governor Perry has declared that Obama is punishing his State of Texas by dumping tens-of-thousands of illegal Mexican immigrants into the cities and small towns of Texas. Governor Perry further recently stated: “If Barack Obama’s Washington doesn’t stop being so oppressive, Texans might feel compelled to renounce their American citizenry and secede from the union.”
Dr. Lyle J. Rapacki
Lyle is an intelligence analyst and consultant who receives and disseminates critical intelligence and policy information from and to law enforcement, intelligence operatives, homeland security officials, government and community leaders. He is the author of dozens of white papers, bulletins and briefings, and he is frequently called on to share his expertise with public and private security directors and organizations.

Lyle J. Rapacki, Ph.D.
Protective Intelligence and Assessment Specialist
Consultant at Behavioral Analysis and Threat Assessment
Independent Intelligence and Information Warfare Analyst
FBI InfraGard-Arizona
ASIS-International

http://politicalvelcraft.org/2010/09/16/14-united-state-governors-reestablish-state-militia-defense-forces-to-be-ready-against-federal-forces/
 
 
Read More... 14 United State Governors Prepare State Militia Defenses

An Open Message to Police & Military



Uploaded by on Dec 5, 2011
This is a message to the Police, to the military, to the TSA, to Homeland Security and to members of every other enforcement arm of the government.
http://waitingforthestorm.com

Tags:

Read More... An Open Message to Police & Military

H.R.5741 Universal National Service Act

H.R.5741 -- Universal National Service Act (Introduced in House - IH)

HR 5741 IH
111th CONGRESS
2d Session
H. R. 5741

To require all persons in the United States between the ages of 18 and 42 to perform national service, either as a member of the uniformed services or in civilian service in furtherance of the national defense and homeland security, to authorize the induction of persons in the uniformed services during wartime to meet end-strength requirements of the uniformed services, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES

July 15, 2010

Mr. RANGEL introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To require all persons in the United States between the ages of 18 and 42 to perform national service, either as a member of the uniformed services or in civilian service in furtherance of the national defense and homeland security, to authorize the induction of persons in the uniformed services during wartime to meet end-strength requirements of the uniformed services, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the `Universal National Service Act'.
    (b) Table of Contents- The table of contents for this Act is as follows:
      Sec. 1. Short title; table of contents.

TITLE I--NATIONAL SERVICE

      Sec. 101. Definitions.
      Sec. 102. National service obligation.
      Sec. 103. Induction to perform national service.
      Sec. 104. Two-year period of national service.
      Sec. 105. Implementation by the President.
      Sec. 106. Examination and classification of persons.
      Sec. 107. Deferments and postponements.
      Sec. 108. Induction exemptions.
      Sec. 109. Conscientious objection.
      Sec. 110. Discharge following national service.

TITLE II--AMENDMENTS TO MILITARY SELECTIVE SERVICE ACT

      Sec. 201. Registration of females.
      Sec. 202. Registration and induction authority.

TITLE I--NATIONAL SERVICE

SEC. 101. DEFINITIONS.

    In this title:
      (1) The term `contingency operation' has the meaning given that term in section 101(a)(13) of title 10, United States Code.
      (2) The term `military service' means service performed as a member of an active or reserve component of the uniformed services.
      (3) The term `national service' means military service or service in a civilian capacity that, as determined by the President, promotes the national defense, including national or community service and service related to homeland security.
      (4) The term `Secretary concerned' means the Secretary of Defense with respect to the Army, Navy, Air Force, and Marine Corps, the Secretary of Homeland Security with respect to the Coast Guard, the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration, and the Secretary of Health and Human Services, with respect to the Public Health Service.
      (5) The term `United States', when used in a geographical sense, means the several States, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam.
      (6) The term `uniformed services' means the Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned corps of the National Oceanic and Atmospheric Administration, and commissioned corps of the Public Health Service.

SEC. 102. NATIONAL SERVICE OBLIGATION.

    (a) Obligation for Service- It is the obligation of every citizen of the United States, and every other person residing in the United States, who is between the ages of 18 and 42 to perform a period of national service as prescribed in this title unless exempted under the provisions of this title.
    (b) Forms of National Service- The national service obligation under this title shall be performed either--
      (1) as a member of an active or reserve component of the uniformed services; or
      (2) in a civilian capacity that, as determined by the President, promotes the national defense, including national or community service and service related to homeland security.
    (c) Age Limits- A person may be inducted under this title only if the person has attained the age of 18 and has not attained the age of 42.

SEC. 103. INDUCTION TO PERFORM NATIONAL SERVICE.

    (a) Induction Requirements- The President shall provide for the induction of persons described in section 102(a) to perform their national service obligation.
    (b) Limitation on Induction for Military Service- Persons described in section 102(a) may be inducted to perform military service only if--
      (1) a declaration of war is in effect;
      (2) the President declares a national emergency, which the President determines necessitates the induction of persons to perform military service, and immediately informs Congress of the reasons for the declaration and the need to induct persons for military service; or
      (3) members of the Army, Navy, Air Force, or Marine Corps are engaged in a contingency operation pursuant to a congressional authorization for the use of military force.
    (c) Limitation on Number of Persons Inducted for Military Service- When the induction of persons for military service is authorized by subsection (b), the President shall determine the number of persons described in section 102(a) whose national service obligation is to be satisfied through military service based on--
      (1) the authorized end strengths of the uniformed services;
      (2) the feasibility of the uniformed services to recruit sufficient volunteers to achieve such end-strength levels; and
      (3) provide a mechanism for the random selection of persons to be inducted to perform military service.
    (d) Selection for Induction-
      (1) RANDOM SELECTION FOR MILITARY SERVICE- When the induction of persons for military service is authorized by subsection (b), the President shall utilize a mechanism for the random selection of persons to be inducted to perform military service.
      (2) CIVILIAN SERVICE- Persons described in section 102(a) who do not volunteer to perform military service or are not inducted for military service shall perform their national service obligation in a civilian capacity pursuant to section 102(b)(2).
    (e) Voluntary Service- A person subject to induction under this title may--
      (1) volunteer to perform national service in lieu of being inducted; or
      (2) request permission to be inducted at a time other than the time at which the person is otherwise called for induction.

SEC. 104. TWO-YEAR PERIOD OF NATIONAL SERVICE.

    (a) General Rule- Except as otherwise provided in this section, the period of national service performed by a person under this title shall be two years.
    (b) Grounds for Extension- At the discretion of the President, the period of military service for a member of the uniformed services under this title may be extended--
      (1) with the consent of the member, for the purpose of furnishing hospitalization, medical, or surgical care for injury or illness incurred in line of duty; or
      (2) for the purpose of requiring the member to compensate for any time lost to training for any cause.
    (c) Early Termination- The period of national service for a person under this title shall be terminated before the end of such period under the following circumstances:
      (1) The voluntary enlistment and active service of the person in an active or reserve component of the uniformed services for a period of at least two years, in which case the period of basic military training and education actually served by the person shall be counted toward the term of enlistment.
      (2) The admission and service of the person as a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, or the United States Merchant Marine Academy.
      (3) The enrollment and service of the person in an officer candidate program, if the person has signed an agreement to accept a Reserve commission in the appropriate service with an obligation to serve on active duty if such a commission is offered upon completion of the program.
      (4) Such other grounds as the President may establish.

SEC. 105. IMPLEMENTATION BY THE PRESIDENT.

    (a) In General- The President shall prescribe such regulations as are necessary to carry out this title.
    (b) Matter To Be Covered by Regulations- Such regulations shall include specification of the following:
      (1) The types of civilian service that may be performed in order for a person to satisfy the person's national service obligation under this title.
      (2) Standards for satisfactory performance of civilian service and of penalties for failure to perform civilian service satisfactorily.
      (3) The manner in which persons shall be selected for induction under this title, including the manner in which those selected will be notified of such selection.
      (4) All other administrative matters in connection with the induction of persons under this title and the registration, examination, and classification of such persons.
      (5) A means to determine questions or claims with respect to inclusion for, or exemption or deferment from induction under this title, including questions of conscientious objection.
      (6) Standards for compensation and benefits for persons performing their national service obligation under this title through civilian service.
      (7) Such other matters as the President determines necessary to carry out this title.
    (c) Use of Prior Act- To the extent determined appropriate by the President, the President may use for purposes of this title the procedures provided in the Military Selective Service Act (50 U.S.C. App. 451 et seq.), including procedures for registration, selection, and induction.

SEC. 106. EXAMINATION AND CLASSIFICATION OF PERSONS.

    (a) Examination- Every person subject to induction under this title shall, before induction, be physically and mentally examined and shall be classified as to fitness to perform national service.
    (b) Different Classification Standards- The President may apply different classification standards for fitness for military service and fitness for civilian service.

SEC. 107. DEFERMENTS AND POSTPONEMENTS.

    (a) High School Students- A person who is pursuing a standard course of study, on a full-time basis, in a secondary school or similar institution of learning shall be entitled to have induction under this title postponed until the person--
      (1) obtains a high school diploma;
      (2) ceases to pursue satisfactorily such course of study; or
      (3) attains the age of 20.
    (b) Hardship and Disability- Deferments from national service under this title may be made for--
      (1) extreme hardship; or
      (2) physical or mental disability.
    (c) Training Capacity- The President may postpone or suspend the induction of persons for military service under this title as necessary to limit the number of persons receiving basic military training and education to the maximum number that can be adequately trained.
    (d) Termination- No deferment or postponement of induction under this title shall continue after the cause of such deferment or postponement ceases.

SEC. 108. INDUCTION EXEMPTIONS.

    (a) Qualifications- No person may be inducted for military service under this title unless the person is acceptable to the Secretary concerned for training and meets the same health and physical qualifications applicable under section 505 of title 10, United States Code, to persons seeking original enlistment in a regular component of the Armed Forces.
    (b) Other Military Service- No person shall be liable for induction under this title who--
      (1) is serving, or has served honorably for at least six months, in any component of the uniformed services on active duty; or
      (2) is or becomes a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, the United States Merchant Marine Academy, a midshipman of a Navy accredited State maritime academy, a member of the Senior Reserve Officers' Training Corps, or the naval aviation college program, so long as that person satisfactorily continues in and completes at least two years training therein.

SEC. 109. CONSCIENTIOUS OBJECTION.

    (a) Claims as Conscientious Objector- Nothing in this title shall be construed to require a person to be subject to combatant training and service in the uniformed services, if that person, by reason of sincerely held moral, ethical, or religious beliefs, is conscientiously opposed to participation in war in any form.
    (b) Alternative Noncombatant or Civilian Service- A person who claims exemption from combatant training and service under subsection (a) and whose claim is sustained by the local board shall--
      (1) be assigned to noncombatant service (as defined by the President), if the person is inducted into the uniformed services; or
      (2) be ordered by the local board, if found to be conscientiously opposed to participation in such noncombatant service, to perform national civilian service for the period specified in section 104(a) and subject to such regulations as the President may prescribe.

SEC. 110. DISCHARGE FOLLOWING NATIONAL SERVICE.

    (a) Discharge- Upon completion or termination of the obligation to perform national service under this title, a person shall be discharged from the uniformed services or from civilian service, as the case may be, and shall not be subject to any further service under this title.
    (b) Coordination With Other Authorities- Nothing in this section shall limit or prohibit the call to active service in the uniformed services of any person who is a member of a regular or reserve component of the uniformed services.

TITLE II--AMENDMENTS TO MILITARY SELECTIVE SERVICE ACT

SEC. 201. REGISTRATION OF FEMALES.

    (a) Registration Required- Section 3(a) of the Military Selective Service Act (50 U.S.C. 453(a)) is amended--
      (1) by striking `male' both places it appears;
      (2) by inserting `or herself' after `himself'; and
      (3) by striking `he' and inserting `the person'.
    (b) Conforming Amendment- Section 16(a) of the Military Selective Service Act (50 U.S.C. App. 466(a)) is amended by striking `men' and inserting `persons'.

SEC. 202. REGISTRATION AND INDUCTION AUTHORITY.

    (a) Registration- Section 4 of the Military Selective Service Act (50 U.S.C. App. 454) is amended by inserting after subsection (g) the following new subsection:
    `(h) This section does not apply with respect to the induction of persons into the Armed Forces pursuant to the Universal National Service Act.'.
    (b) Induction- Section 17(c) of the Military Selective Service Act (50 U.S.C. App. 467(c)) is amended by striking `now or hereafter' and all that follows through the period at the end and inserting `inducted pursuant to the Universal National Service Act.'.
Read More... H.R.5741 Universal National Service Act

Secret Rulers of the World #1 The Legend of Ruby Ridge

The Secret Rulers of the World - The Legend of Ruby Ridge
49:33 - 1 year ago


The Legend of Ruby Ridge
S1E1 Aired date: Sun, Apr 29, 2001
Jon Ronson meets with Randy Weaver and daughter Rachel, two surviving members of the Weaver family. The film shows previously unseen archive footage to describe the life of a family who claim to have moved to a cabin in Ruby Ridge, Idaho to live peacefully, and escape what they saw as the tyrannical elite of international bankers bent on enslaving the world. Ronson also explains how the Weaver family's conspiracy theories became a shocking tragedy when the American Government killed two of the family members, their dog, and shot and wounded Kevin Harris, whom the Weaver family considered their son. Ronson explores the unsympathetic media response to the killings and how this incident might have influenced the siege at Waco, the Oklahoma City bombing and the growth of the America militia movement.

Ruby Ridge was the site of a violent confrontation and siege in northern Idaho in 1992. It involved Randy Weaver, his family, Weaver's friend Kevin Harris, and agents of the United States Marshals Service and Federal Bureau of Investigation. Randy Weaver, a former Iowa factory worker and U.S. Army Green Beret, moved his family to northern Idaho during the 1980s in order to "home-school his children and escape what he and his wife Vicki saw as a corrupted world." Vicki, the religious leader of the family, believed that the apocalypse was imminent and had dreams of her family surviving the apocalypse in a remote mountainous area. They bought twenty acres of land on Ruby Ridge in 1983 and began building a cabin. The Weaver property was located in northern Idaho in Boundary County, on a hillside on Ruby Creek opposite Caribou Ridge near Naples.

In 1984, Randy Weaver and neighbor Terry Kinnison had a dispute over a $3,000 land deal. (Kinnison subsequently lost the lawsuit and was ordered to pay Weaver an additional $2,100 in court costs and damages.) Kinnison wrote letters to the FBI, Secret Service, and county sheriff alleging Weaver had threatened to kill the Pope, the President, and the governor of Idaho. In January 1985, the FBI and the Secret Service started an investigation. In February, Randy and Vicki Weaver met with two FBI agents, two Secret Service agents, and the Boundary County sheriff and his chief investigator and were interviewed for hours. While the Secret Service was told that Weaver was a member of the Aryan Nations and that he had a large weapons cache at his residence, Weaver denied the allegations and no charges were filed.

The investigation noted Weaver associated with Frank Kumnick who was known to associate with members of the Aryan Nations. Weaver told the investigators that neither he nor Kumnick were members of Aryan Nations, and described Kumnick as "associated with the Covenant, Sword and Arm of the Lord." On February 28, 1985 Randy and Vicki Weaver filed an affidavit with the county courthouse alleging that their personal enemies were plotting to provoke the FBI into attacking and killing the Weaver family. On May 6, 1985 Randy and Vicki Weaver sent a letter to President Ronald Reagan claiming that Weaver's enemies may have sent the President a threatening letter under a forged signature. No evidence of a threatening letter has surfaced; however, the 1985 letter of apology was cited by the prosecutor in 1992 as Overt Act 7 of the Weaver family conspiracy against the federal government.


Read More... Secret Rulers of the World #1 The Legend of Ruby Ridge

The Real Face of the European Union

The Real Face of the European Union 42:32 - 4 years ago
 


Most see the European Union of today as an inefficient conglomeration of states run by self-serving career politicians anxious to guarantee their survival by safely nesting in the EU's cocoon of endless bureaucracies. Many don't really see a threat at the moment. They believe that an integrated Europe makes sense; that it would prevent any chance of a third European war; that it is the modern, forward-thinking way to go. NOTHING COULD BE FURTHER FROM THE TRUTH The European Economic Community (EEC) began as a free-trade agreement in 1972. Today's European Union is well on its way to becoming a federal superstate, complete with one currency, one legal system, one military, one police force - even its own national anthem. In this shocking new documentary featuring EU insiders and commentators, independent author Phillip Day covers the history and goals of the European Union, as well as the disturbing, irrevocable implications this new government has for every citizen. Whether the viewer is for or against participation, this film asks the troubling questions the mainstream media has refused to confront. 
Former Soviet Dissident Warns For EU Dictatorship: http://www.brusselsjournal.com/node/865


Read More... The Real Face of the European Union

Michael Badnarik - Constitution Class 7 of 7

Michael Badnarik's Constitution Class - Part 7 59:33

In the early eighties Michael Badnarik started his career as a computer programmer at an Illinois nuclear power plant. For the past twenty years he has continued this professional course, but during this time he became interested and frustrated with politics. As a result, in 1983 Badnarik began studying the IRS and then the constitution. He had since condensed his 18 years of research into a short eight hour course that he would teach in a lecture format. It included some of the fundamentals on our rights and the foundations of our republic.
Michael Badnarik teaches a class on the Constitution. Follow his message of freedom, this is a MUST WATCH!!! Most of what you think you know about the United States is wrong. Think you own your Car? Think its your money? Why do we have to register your car and get plates? Think you own Your property? He explains the differences between rights and privileges.

For the rest of the class Videos Please watch this space or See
http://www.archive.org/details/Michael_Badnarik
Read More... Michael Badnarik - Constitution Class 7 of 7

Michael Badnarik - Constitution Class 6 of 7

Badnarik Constitution Class Part 6  58:42 - 2 years ago  

In the early eighties Michael Badnarik started his career as a computer programmer at an Illinois nuclear power plant. For the past twenty years he has continued this professional course, but during this time he became interested and frustrated with politics. As a result, in 1983 Badnarik began studying the IRS and then the constitution. He had since condensed his 18 years of research into a short eight hour course that he would teach in a lecture format. It included some of the fundamentals on our rights and the foundations of our republic.
Michael Badnarik teaches a class on the Constitution. Follow his message of freedom, this is a MUST WATCH!!! Most of what you think you know about the United States is wrong. Think you own your Car? Think its your money? Why do we have to register your car and get plates? Think you own Your property? He explains the differences between rights and privileges.

For the rest of the class Videos Please watch this space or See
http://www.archive.org/details/Michael_Badnarik
Read More... Michael Badnarik - Constitution Class 6 of 7

Michael Badnarik - Constitution Class 5 of 7

Badnarik Constitution Class Part 5 55:42 - 2 years ago 

In the early eighties Michael Badnarik started his career as a computer programmer at an Illinois nuclear power plant. For the past twenty years he has continued this professional course, but during this time he became interested and frustrated with politics. As a result, in 1983 Badnarik began studying the IRS and then the constitution. He had since condensed his 18 years of research into a short eight hour course that he would teach in a lecture format. It included some of the fundamentals on our rights and the foundations of our republic.
Michael Badnarik teaches a class on the Constitution. Follow his message of freedom, this is a MUST WATCH!!! Most of what you think you know about the United States is wrong. Think you own your Car? Think its your money? Why do we have to register your car and get plates? Think you own Your property? He explains the differences between rights and privileges.

For the rest of the class Videos Please watch this space or See
http://www.archive.org/details/Michael_Badnarik
Read More... Michael Badnarik - Constitution Class 5 of 7

Michael Badnarik - Constitution Class 4 of 7

Badnarik Constitution Class Part 4 58:02  2 years ago 

In the early eighties Michael Badnarik started his career as a computer programmer at an Illinois nuclear power plant. For the past twenty years he has continued this professional course, but during this time he became interested and frustrated with politics. As a result, in 1983 Badnarik began studying the IRS and then the constitution. He had since condensed his 18 years of research into a short eight hour course that he would teach in a lecture format. It included some of the fundamentals on our rights and the foundations of our republic.
Michael Badnarik teaches a class on the Constitution. Follow his message of freedom, this is a MUST WATCH!!! Most of what you think you know about the United States is wrong. Think you own your Car? Think its your money? Why do we have to register your car and get plates? Think you own Your property? He explains the differences between rights and privileges.

For the rest of the class Videos Please watch this space or See
http://www.archive.org/details/Michael_Badnarik
Read More... Michael Badnarik - Constitution Class 4 of 7

Michael Badnarik - Constitution Class 3 of 7

Badnarik Constitution Class Part 3 57:54 - 2 years ago 

Michael Badnarik's Constitution Class #3
In the early eighties Michael Badnarik started his career as a computer programmer at an Illinois nuclear power plant. For the past twenty years he has continued this professional course, but during this time he became interested and frustrated with politics. As a result, in 1983 Badnarik began studying the IRS and then the constitution. He had since condensed his 18 years of research into a short eight hour course that he would teach in a lecture format. It included some of the fundamentals on our rights and the foundations of our republic.
Michael Badnarik teaches a class on the Constitution. Follow his message of freedom, this is a MUST WATCH!!! Most of what you think you know about the United States is wrong. Think you own your Car? Think its your money? Why do we have to register your car and get plates? Think you own Your property? He explains the differences between rights and privileges.

For the rest of the class Videos Please watch this space or See
http://www.archive.org/details/Michael_Badnarik
Read More... Michael Badnarik - Constitution Class 3 of 7

Michael Badnarik - Constitution Class 2 of 7

Badnarik Constitution Class Part 2 58:02 - 2 years ago

In the early eighties Michael Badnarik started his career as a computer programmer at an Illinois nuclear power plant. For the past twenty years he has continued this professional course, but during this time he became interested and frustrated with politics. As a result, in 1983 Badnarik began studying the IRS and then the constitution. He had since condensed his 18 years of research into a short eight hour course that he would teach in a lecture format. It included some of the fundamentals on our rights and the foundations of our republic.
Michael Badnarik teaches a class on the Constitution. Follow his message of freedom, this is a MUST WATCH!!! Most of what you think you know about the United States is wrong. Think you own your Car? Think its your money? Why do we have to register your car and get plates? Think you own Your property? He explains the differences between rights and privileges.

For the rest of the class Videos Please watch this space or See
http://www.archive.org/details/Michael_Badnarik
Read More... Michael Badnarik - Constitution Class 2 of 7

Constitution Class By: Michael Badnarik Part 1 of 7

Michael Badnarik Constitution Class Part 1 51:53 - 4 years ago
Although there is a lot of controversy surrounding who exactly the founding fathers of the United States were working for, and the reasons why a federal government was created after the revolutionary war on the land commonly known as the United States of America, Michael Badnarik gives a great presentation on what rights man and women are entitled to enjoy at the common law, how these were protected by the Constitution, and how, after 1933, this all changed. Now, default law is commercial, not civil, in nature, governed by international law of the sea. All property, even our bodies, are assumed to be under the control of a global banking government, governed by the Uniform Commercial Code. We are, by assumption considered to be slaves, "bound" by invisible contracts such as the use of paper banking currency of the private Federal Reserve debt servicing corporation, and the registration of our bodies with a Statement of Live Birth, receiving a Certificate of Live Birth and a Birth Certificate in return, possessory titles that do not entitle us to ownership of our body under the law which currently runs the planet.

In the early eighties Michael Badnarik started his career as a computer programmer at an Illinois nuclear power plant. For the past twenty years he has continued this professional course, but during this time he became interested and frustrated with politics. As a result, in 1983 Badnarik began studying the IRS and then the constitution. He had since condensed his 18 years of research into a short eight hour course that he would teach in a lecture format. It included some of the fundamentals on our rights and the foundations of our republic.
Michael Badnarik teaches a class on the Constitution. Follow his message of freedom, this is a MUST WATCH!!! Most of what you think you know about the United States is wrong. Think you own your Car? Think its your money? Why do we have to register your car and get plates? Think you own Your property? He explains the differences between rights and privileges.

For the rest of the class Videos Please watch this space or See
http://www.archive.org/details/Michael_Badnarik
Read More... Constitution Class By: Michael Badnarik Part 1 of 7

Conscious Revolutions - 9/11 Illuminati Media Propaganda - NWO

Conscious Revolutions 1:33:23 - 3 years ago

This is a summary of many films and media clips that show you that 9/11 was an inside job! This is one of the best out there a must see.
Read More... Conscious Revolutions - 9/11 Illuminati Media Propaganda - NWO

Liberty Bound

 Liberty Bound 1:27:28 3 years ago



 A US Citizen's journey of discovery into the lies, oppression, and corruption that has invaded her country since 9/11. Through original footage, archived footage, and interviews with people such as Howard Zinn, Michael Parenti, and Michael Ruppert, Liberty Bound explores the state of the union and its ostensible move toward fascism. We talk with people who have been interrogated by the Secret Service and threatened with arrest for doing such benign things as sending an email, turning around during a Bush speech, and having a philosophical discussion on a train.
Read More... Liberty Bound

BUSTED: The Citizen's Guide to Surviving Police Encounters

Surviving Police Encounters April 28, 2007


First a few words from the Clash.
This is a public service announcement
With guitar
Know your rights!
All three of them
Number 1
You have the right to stay alive
Murder is a CRIME!
Whoever does it..
Except policemen
Or aristocrats
Catch that billionair
Number 2
You have the right to fish money
With a little compulsary computer investagation
Some ordinary human humiliation
And... if you cross your fingers
Rehabilitation!
Know these rights!
These are your rights!
Young offenders Know your rights!
Number 3
You have the right to free
Speech as long as you're not
Dumb enough to actually try it!
Ha!
Now
These are your rights
Study these rights.
These are your rights!
Know your rights!
All three of them!

Be warned
In most places even these
Are thought to be excessive!
So..................
Get off the streets!
Run!
Finally then I will read you your rights..
You have the right to remain silent
And you are warned that anything you say
Can, and will be taken down!
And used as evidence against....
You!
Listen to this... Run!!!!!
BUSTED: The Citizen's Guide to Surviving Police Encounters
Enjoy the movie

Read More... BUSTED: The Citizen's Guide to Surviving Police Encounters

How Police Interrogation Works


How Police Interrogation Works April 06, 2007Apr 6, '07 7:26 AM
for everyone
Hi to all 
I just wanted to say before you all read this post, remember the Constitution??
Amendment XIV (1868)
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

or do i ass u me 2 much, now if the state cant how the fuck can the fascist FED?
a few tips i can give u from what i have learned ...give only 3 points of information then, say nothing, sign nothing. as bad as you think it is it can get worse and fast, it will pass.


How Police Interrogation Works

Introduction to How Police Interrogation Works
There are "Law & Order" addicts everywhere who think they could get a perp to confess. A little glaring, some getting in the guy's face, a revelation that his fingerprints are all over the murder weapon and voilà! He's recounting his crime. In real life, police interrogation requires more than confidence and creativity (although those qualities do help) -- interrogators are highly trained in the psychological tactics of social influence. Getting someone to confess to a crime is not a simple task, and the fact that detectives sometimes end up with confessions from the innocent testifies to their expertise in psychological manipulation. No two interrogations are alike, but most exploit certain weaknesses in human nature. These weaknesses typically rely on the stress that results when people experience contrasting extremes, like dominance and submission, control and dependence, and the maximization and minimization of consequences. Even the most hardened criminal can end up confessing if the interrogator can find the right combination of circumstances and techniques based on the suspect's personality and experiences. In the United States, scholars estimate that somewhere between 42 percent and 55 percent of suspects confess to a crime during interrogation.
Police interrogations weren't always so complex. Until the early 1900s in the United States, physical abuse was an acceptable (if not legal) method of getting a confession. Confessions obtained by "third degree" techniques -- deprivation of food and water, bright lights, physical discomfort and long isolation, beating with rubber hoses and other instruments that don't leave marks -- were usually admissible in court as long as the suspect signed a waiver stating the confession was voluntary. Between the 1930s and 1960s, though, a crackdown on police tactics gradually changed the practice of interrogation.
While the Supreme Court had ruled as early as 1897 against involuntary confessions, it was in 1937 that things really started to change. In the case Brown v. Mississippi, the Supreme Court threw out a "voluntary" confession that was obtained after police officers repeatedly strung a suspect up in a tree and whipped him. The Court's decision was clear: Confessions obtained by force cannot be used as evidence at trial. By the 1950s, confessions were considered involuntary not only if police beat the suspect, but also if they held a suspect for an unnecessarily extended period of time, deprived him of sleep, food, water or bathroom facilities, promised some benefit if the suspect confessed or threatened some harm if he didn't.
When the case Miranda v. Arizona reached the Supreme Court in 1966, coercive police interrogation took another blow. Ernesto Miranda had confessed to rape and kidnapping after two hours of interrogation, and the appeal to the Supreme Court alleged that Miranda was not aware of his rights to remain silent (the Fifth Amendment) and to counsel (the Sixth Amendment). The Court ruled in favor of Miranda, and the decision instituted what we've come to know as the "Miranda Rights." To safeguard against a suspect falling into an involuntary confession because he thinks he has no choice but to speak, the police must expressly, clearly and completely advise any suspect of his rights to silence and counsel before beginning an interrogation or any other attempt to get a statement from a suspect. The Miranda decision attempts to eliminate suspect ignorance as a contributing factor to involuntary confessions.
In looking for a replacement for illegal forms of coercion, police turned to fairly basic psychological techniques like the time-honored "good cop bad cop" routine, in which one detective browbeats the suspect and the other pretends to be looking out for him. People tend to trust and talk to someone they perceive as their protector. Another basic technique is maximization, in which the police try to scare the suspect into talking by telling him all of the horrible things he'll face if he's convicted of the crime in a court of law. Fear tends to make people talk. For a while, police tried such things as polygraphs to determine if the suspect was being deceptive, but polygraphs and polygraph training are expensive, and the results are almost never admissible in court. But some polygraph analysts, including a man named John Reid, began noticing that subjects exhibited certain outward, consistent physical signs that coincided with the polygraph's determination of untruthfulness. Reid went on to develop a non-machine-based system of interrogation based on specific types of questions and answers that uncover weaknesses the interrogator can use against a suspect to obtain a confession. Reid's "Nine Steps" of psychological manipulation is one of the most popular interrogation systems in the United States today. In the next section, we'll find out about this system.
Confessions and the Constitution
The primary Constitutional Amendments referred to in Supreme Court decisions regarding the admissibility of confessions are the Fifth Amendment, which guarantees a person's right to not incriminate himself, and the Fourteenth Amendment, which guarantees the right to due process, including a speedy trial. When the police hold and interrogate a suspect for three days without charging him with a crime, they've violated that suspect's right to due process. When the police string someone up in a tree and whip him until he confesses, they've violated that person's right not to incriminate himself (among other rights).
Common Interrogation Techniques
Bad Move
In the United States, as many as 80 percent of suspects waive their rights to silence and counsel, allowing police to conduct a full-scale interrogation.
Modern interrogation is a study in human nature. Most of us are more likely to talk to people who appear to be like us. Once we start talking, it's hard for us to stop. Once we start telling the truth, it's harder to start lying. When a police officer tells us our fingerprints were found on the inside doorknob of a home that was robbed two days ago, we get nervous, even if we wore gloves the whole time we were inside. With a few exceptions, the police are allowed to lie to a suspect to get him to confess. The belief is that an innocent person would never confess to a crime she didn't commit, even if she were confronted with false physical evidence of her involvement. Unfortunately, that's not always the case (more on false confessions in the next section), but it's a big part of the reason why the police are allowed to employ deceptive tactics in interrogation.
The psychological manipulation begins before the interrogator even opens his mouth. The physical layout of an interrogation room is designed to maximize a suspect's discomfort and sense of powerlessness from the moment he steps inside. The classic interrogation manual "Criminal Interrogation and Confessions" recommends a small, soundproof room with only three chairs (two for detectives, one for the suspect) and a desk, with nothing on the walls. This creates a sense of exposure, unfamiliarity and isolation, heightening the suspect's "get me out of here" sensation throughout the interrogation.
The manual also suggests that the suspect should be seated in an uncomfortable chair, out of reach of any controls like light switches or thermostats, furthering his discomfort and setting up a feeling of dependence. A one-way mirror is an ideal addition to the room, because it increases the suspect's anxiety and allows other detectives to watch the process and help the interrogator figure out which techniques are working and which aren't.
Before the nine steps of the Reid interrogation begin, there's an initial interview to determine guilt or innocence. During this time, the interrogator attempts to develop a rapport with the suspect, using casual conversation to create a non-threatening atmosphere. People tend to like and trust people who are like them, so the detective may claim to share some of the suspect's interests or beliefs. If the suspect starts talking to the interrogator about harmless things, it becomes harder to stop talking (or start lying) later when the discussion turns to the crime.
During this initial conversation, the detective observes the suspect's reactions -- both verbal and non-verbal -- to establish a baseline reaction before the real stress begins. The detective will use this baseline later as a comparison point.
One method of creating a baseline involves asking questions that cause the suspect to access different parts of his brain. The detective asks non-threatening questions that require memory (simple recall) and questions that require thinking (creativity). When the suspect is remembering something, his eyes will often move to the right. This is just an outward manifestation of his brain activating the memory center. When he's thinking about something, his eyes might move upward or to the left, reflecting activation of the cognitive center. The detective makes a mental note of the suspect's eye activity.
The next step is to turn the questioning to the task at hand. The detective will ask basic questions about the crime and compare the suspect's reactions to the baseline to determine if the suspect is being truthful or deceptive. If the interrogator asks the suspect where he was the night of the crime and he answers truthfully, he'll be remembering, so his eyes may move to the right; if he's making up an alibi, he's thinking, so his eyes might move to the left. If the interrogator determines that the suspect's reactions indicate deception, and all other evidence points to guilt, the interrogation of a guilty suspect begins.
The Reid technique is the basis of the widely used "Criminal Interrogation and Confessions" manual we already mentioned. It lays out nine steps or issues guiding interrogation. Many of these steps overlap, and there is no such thing as a "typical" interrogation; but the Reid technique provides a blueprint of how a successful interrogation might unfold.
  1. Confrontation
    The detective presents the facts of the case and informs the suspect of the evidence against him. This evidence might be real, or it might be made up. The detective typically states in a confident manner that the suspect is involved in the crime. The suspect's stress level starts increasing, and the interrogator may move around the room and invade the suspect's personal space to increase the discomfort.
    If the suspect starts fidgeting, licking his lips and or grooming himself (running his hand through his hair, for instance), the detective takes these as indicators of deception and knows he's on the right track.
  1. Theme development
    The interrogator creates a story about why the suspect committed the crime. Theme development is about looking through the eyes of the suspect to figure out why he did it, why he'd like to think he did it and what type of excuse might make him admit he did it. Does the suspect use any particular mode of reasoning more often than others? For example, does he seem willing to blame the victim? The detective lays out a theme, a story, that the suspect can latch on to in order to either excuse or justify his part in the crime, and the detective then observes the suspect to see if he likes the theme. Is he paying closer attention than before? Nodding his head? If so, the detective will continue to develop that theme; if not, he'll pick a new theme and start over. Theme development is in the background throughout the interrogation. When developing themes, the interrogator speaks in a soft, soothing voice to appear non-threatening and to lull the suspect into a false sense of security.
  2. Stopping denials
    Letting the suspect deny his guilt will increase his confidence, so the detective tries to interrupt all denials, sometimes telling the suspect it'll be his turn to talk in a moment, but right now, he needs to listen. From the start of the interrogation, the detective watches for denials and stops the suspect before he can voice them. In addition to keeping the suspect's confidence low, stopping denials also helps quiet the suspect so he doesn't have a chance to ask for a lawyer. If there are no denials during theme development, the detective takes this as a positive indicator of guilt. If initial attempts at denial slow down or stop during theme development, the interrogator knows he has found a good theme and that the suspect is getting closer to confessing.
  3. Overcoming objections
    Once the interrogator has fully developed a theme that the suspect can relate to, the suspect may offer logic-based objections as opposed to simple denials, like "I could never rape somebody -- my sister was raped and I saw how much pain it caused. I would never do that to someone." The detective handles these differently than he does denials, because these objections can give him information to turn around and use against the suspect. The interrogator might say something like, "See, that's good, you're telling me you would never plan this, that it was out of your control. You care about women like your sister -- it was just a one-time mistake, not a recurring thing." If the detective does his job right, an objection ends up looking more like an admission of guilt.
  4. Getting the suspect's attention
    At this point, the suspect should be frustrated and unsure of himself. He may be looking for someone to help him escape the situation. The interrogator tries to capitalize on that insecurity by pretending to be the suspect's ally. He'll try to appear even more sincere in his continued theme development, and he may get physically closer to the suspect to make it harder for the suspect to detach from the situation. The interrogator may offer physical gestures of camaraderie and concern, such as touching the suspect's shoulder or patting his back.
  1. The suspect loses resolve
    If the suspect's body language indicates surrender -- his head in his hands, his elbows on his knees, his shoulders hunched -- the interrogator seizes the opportunity to start leading the suspect into confession. He'll start transitioning from theme development to motive alternatives (see the next step) that force the suspect to choose a reason why he committed the crime. At this stage, the interrogator makes every effort to establish eye contact with the suspect to increase the suspect's stress level and desire to escape. If, at this point, the suspect cries, the detective takes this as a positive indicator of guilt.
  2. Alternatives
    The interrogator offers two contrasting motives for some aspect of the crime, sometimes beginning with a minor aspect so it's less threatening to the suspect. One alternative is socially acceptable ("It was a crime of passion"), and the other is morally repugnant ("You killed her for the money"). The detective builds up the contrast between the two alternatives until the suspect gives an indicator of choosing one, like a nod of the head or increased signs of surrender. Then, the detective speeds things up.
  3. Bringing the suspect into the conversation
    Once the suspect chooses an alternative, the confession has begun. The interrogator encourages the suspect to talk about the crime and arranges for at least two people to witness the confession. One may be the second detective in room, and another may be brought in for the purpose of forcing the suspect to confess to a new detective -- having to confess to a new person increases the suspect's stress level and his desire to just sign a statement and get out of there. Bringing a new person into the room also forces the suspect to reassert his socially acceptable reason for the crime, reinforcing the idea that the confession is a done deal.
  1. The confession
    The final stage of an interrogation is all about getting the confession admitted at trial. The interrogator will have the suspect write out his confession or state it on videotape. The suspect is usually willing to do anything at this point to escape the interrogation. The suspect confirms that his confession is voluntary, not coerced, and signs the statement in front of witnesses.
It should be noted here that if, at any point during the interrogation, the suspect does somehow manage to ask for a lawyer or invoke his right to silence, the interrogation has to stop immediately. That's why it's so important to interrupt the suspect's attempts to speak in the initial stages -- if he invokes his rights, the interrogation is over.
The steps we've laid out here represent some of the psychological techniques that detectives use to get confessions from suspects. But a real interrogation doesn't always follow the textbook. Next, let's take a look at an actual police interrogation that ended with an admissible confession.
When You've Got Company
The Just Cause Law Collective warns that if you're arrested with friends, you've got to keep a cool head. Decide beforehand that no one's going to say a word until everyone has a lawyer, and remind yourself that police will try to play on the natural paranoia that arises when people are separated. The Collective offers a further warning regarding a group arrest: When you have your strategy discussion, don't do it in the back seat of a police car. If the officers stuffed you all into one car and walked away, they're recording you.
A Real Interrogation
On September 1, 2003, Detective Victor Lauria of the Novi Police Department in Detroit, Michigan, used his training in the Reid technique to interrogate Nikole Michelle Frederick. Frederick's two-year-old step daughter, Ann Marie, was brought to the emergency room near death, with obvious signs of extensive child abuse. Frederick was her primary caretaker and was watching Ann Marie in the time before the trip to the hospital. The interrogation took place over two days, with Frederick being charged with the crime immediately following the first sit-down. Lauria began with a simple interview, just talking in a non-threatening way to establish Frederick's baseline reactions:
    Lauria: How would you rate yourself as a mother? Frederick: Um, I think I'm, I'm pretty good. I mean I, I am a little bad with being stern and stricter you know, letting them get away with things. Lauria: How would you describe Ann Marie? Frederick: She was a very hard baby. She would, uh, cry all the time. Always wanted to be held ... I mean Annie just, I mean she always looks like she's beaten. She's always climbing or you know. I always can see a little bit of bruising and scrapes or whatever on her back. Her shins are always bruised.
Since Frederick appeared to be making excuses for Ann Marie's injuries and setting up a justification -- "She was a very hard baby" -- and since she was taking care of Ann Marie when the injuries occurred, Lauria predicted guilt and began interrogating her. He proceeded to subtle confrontation, letting Frederick know how she would be caught:
    Lauria: There's a whole line of study in police work that can determine how injuries occur and how old the injuries are. Frederick: ... I don't even think we'll find out exactly what happened because the only one that really knows is her and it's gonna be awfully hard trying to get her to say if anything happened, you know. I'm not trying to be rude or anything, I was just wondering how long this is going to take. Lauria: Well, like I said, one of the things we're able to do with those [bruises] is we can date bruises based upon you know whether they're new bruises just coming in, or whether they're bruises that are already starting to heal because, you know, doctors and forensic scientists and pathologists study those type of things... Frederick: Okay. Lauria: Can you think of any reason why they would determine that those bruises were caused in the last 24 hours and that somebody would suspect that you did this? Frederick: Um, other than that I was there, no. ... Lauria: Do you suspect anybody of doing this? Frederick: No, I don't. And that's what I'm saying, and I, I'm having a hard time believing that it was inflicted on her because, like I said, we would have heard something too, you know... Lauria: Out of all the people in the house that were there or came in last night, list all the people that you would vouch for that you would say absolutely would not do something to hurt Ann Marie. Frederick: ... I know John wouldn't do it. I honestly don't think Brian would do it. Lauria: Who'd vouch for you? Frederick: Um, probably John. But see like I don't, I don't necessarily, uh, believe what the doctor's saying and how they were inflicted, whatever.
Detective Lauria began developing a theme about an out-of-control situation -- Frederick had not premeditated the abuse, she just hadn't been thinking clearly. But Frederick didn't like that theme. She asked the detective why he wasn't believing her story. Lauria then switched to an out-of-control "split second" in which Frederick had hurt Ann Marie. He explained that Ann Marie's injuries were definitely not from a fall. Someone else had inflicted them, possibly in a "split second" of irrationality. Frederick was listening now, apparently clinging to the "split second" qualification. Lauria further developed the theme by bringing up Ann Marie's difficult nature and how hard she was to care for -- blaming the victim, which Frederick had already shown a tendency toward. Frederick began nodding her head, and Lauria set up an alternative. He told Frederick that "without an explanation of what happened people would assume the worst." The implied contrast had already been set up: a cold-blooded, vicious attack on a toddler versus a momentary loss of self-control when dealing with a difficult child. The approach worked. According to Lauria's account:
    Over two days of questioning Frederick never asked how Ann Marie was doing. Near the end of the interview I pointed this out to her. She tried to convince me that she had asked several times about Ann Marie's injuries. She then asked me for an update in her condition. I told her that Ann Marie was brain dead and that she was probably not going to survive. Frederick stated "Oh my God. I'm gonna go for murder." I then spent another 45 minutes with various themes in an attempt to get further information. After several attempts at denying any further knowledge or involvement in causing the injuries to Ann Marie she admitted to shaking her. After admitting to shaking her, Frederick broke down and cried. She then said "I killed that little girl. I killed that little girl."
Ann Marie died of her injuries, and Nikole Michelle Frederick stood trial for First Degree Felony Murder. She was found guilty and sentenced to life in prison without the possibility of parole.
Getting a guilty suspect to confess is the best way to ensure she'll be found guilty at trial and serve time for the crime she committed. The problem is that while a confession looks really good in court, it's not an infallible indicator of guilt. That's a big part of the controversy surrounding police interrogation tactics.
Five Techniques of Surviving a Police Interrogation (Without Confessing)
Taken from freeBEAGLES' recommendations for animal rights' activists (and others) on how to make it through a police interrogation without incriminating themselves or their peers:
  1. Remain silent.
  2. Remain silent.
  3. Imagine the words "I invoke my right to remain silent" painted on the wall, and stare at them throughout the interrogation.
  4. Momentarily break your silence to ask for counsel.
  5. Cultivate hatred for your interrogator so you don't fall into his traps and start talking.
Controversy

Photo courtesy Amazon.com
Earl Washington, Jr., a mentally retarded man, was almost put to death for a crime he confessed to but didn't commit. He was released from prison in 2000, nine days before his scheduled execution.
Interrogation has always been a controversial subject. Any time a law-enforcement officer goes into a room with a civilian and shuts the door, people are going to question what happens inside. And any time that officer leaves the room with a confession, the questions are going to escalate. Was the confession coerced? Did the police violate the suspect's rights? The real question is probably a much larger one: Can police interrogation ever be a fair process? How can a system designed to manipulate a suspect into confessing be non-coercive? The debate about the fairness and morality of police interrogation techniques is an ongoing one, with several issues at the forefront.
First, interrogation is guilt-presumptive process. The goal is to get the suspect to confess. Once the interrogation begins, a detective can unconsciously ignore any evidence of innocence in pursuit of a confession. This is a common psychological phenomenon -- people often "filter out" any evidence that does not fit with their already-formed viewpoint. Interrogation is designed to make a suspect extremely nervous, and signs of stress like grooming and fidgeting, which are taken as positive indicators of guilt, might just as easily indicate the stress of an innocent person being accused of a crime he didn't commit. There's also the issue of latent coercion. While police may not explicitly offer leniency for a confession or threaten punishment if someone won't confess, they may imply promises or threats in their language and tone. For instance, when detective Lauria told Nikole Frederick that "without an explanation of what happened people would assume the worst," Frederick may have understood that to mean that if she confessed to the crime but explained why she did it, the consequences would be less severe than if she kept her mouth shut.
In a more general way, a lot of the human rights concerns surrounding police interrogation have to do with the fact that psychological interrogation techniques bear an uncanny resemblance to "brainwashing" techniques. The interrogator is attempting to influence the suspect without the suspect's consent, which is considered an unethical use of psychological tactics. A lot of the techniques used to cause discomfort, confusion and insecurity in the brainwashing process are similar to those used in interrogation:
  • Invading a suspect's personal space
  • Not allowing the suspect to speak
  • Using contrasting alternatives
  • Positioning confession as a means of escape
The more stress a suspect experiences, the less likely he is to think critically and independently, making him far more susceptible to suggestion. This is even more true when the suspect is a minor or is mentally ill, because he may be poorly equipped to recognize or fight off manipulative tactics. A process designed to cause someone so much stress that he'll confess just to escape the situation is a process that leaves itself open to false confessions. Researchers estimate between 65 and 300 false confessions per year in the United States. Here are just a few false confessions that investigators have uncovered:
  • Peter Reilly, 1973
    Peter Reilly was 18 years old when his mother was found murdered in their home. After eight hours of interrogation by Connecticut police, he confessed to brutally murdering her. A jury convicted him of first-degree manslaughter based on his confession, and he served three years in prison before a judge set him free in the face of new evidence indicating someone else committed the crime.
  • Earl Washington, Jr., 1982
    Earl Washington, Jr., a man described by psychologists as "mildly retarded" with an IQ of 69, confessed to raping and murdering a 19-year-old woman after undergoing interrogation. He was convicted on the confession alone and spent 18 years in prison, half of that time on death row. Nine days before his scheduled execution, the governor of Virginia pardoned him because DNA evidence had revealed that the actual perpetrator was another man. (Watch this video clip of an interview with Earl Washington, Jr., after his release.)
  • The "Central Park Five," 1989
    After more than 20 hours of interrogation, five teenagers -- Raymond Santana, 14, Kharey Wise, 16, Antron McCray, 16, Kevin Richardson, 14, and Yusef Salaam, 15 -- confessed to raping and beating a woman jogging in Central Park in New York City. They spent between six and 12 years in prison (four out of the five were tried as minors) before another man confessed to the crime in 2001. DNA evidence confirmed that this other man was in fact the Central Park rapist.
  • Michael Crowe, 1998
    Michael Crowe was 14 years old when police interrogated him without a parent or other adult in the room. He eventually confessed to stabbing his 12-year-old sister to death after the interrogator told Michael of false physical evidence against him. He was charged with the crime, but at pre-trial hearings, a judge deemed his confession to be involuntary. DNA evidence later led police to the man who actually murdered the girl.
Michael Crowe's entire interrogation was videotaped, and that tape assisted the judge in determining that the confession was involuntary. Just videotaping the confession itself can do little to ensure the legality of the process that led up to it, and critics of police interrogation techniques point to mandatory taping of all interrogations from start to finish as a step in the right direction. Another possible solution to the problem of false confessions is to train police to recognize subtle signs of mental illness that make a false confession more likely. Many within the law-enforcement community cite prohibitive costs as a reason not to mandate solutions like these and maintain that the problem of false confessions is not as big as critics suggest. Still, most of us see one false confession that leads to conviction as one too many.
For more information on police interrogation and related topics, check out the links on the next page.
Lots More Information
Links
Sources
Read More... How Police Interrogation Works

ShareThis