Kaosium
Philosopher
- Joined
- Oct 12, 2010
- Messages
- 6,695
Just a question here: Raffaele returned to the police station repeatedly, even late at night, without "lawyering up." What is the common Italian perception of lawyers and when to get one? In the U.S., we know/imagine from "CSI," "SVU" etc. that we need a lawyer if a police officer so much as says "Good morning, sir." How do they feel in Italy? Raffaele is a university student and the son of a doctor. He would have known how to get a lawyer if he thought he needed one, and his father certainly would have had some ideas about what to do. But would getting a lawyer have raised suspicions? Would that have been unusual in Italy, like announcing "I've got something to hide?" Would a lawyer have been permitted to sit with him and guide him during a "voluntary" interview? Could a lawyer have said "My client is done talking. You may only communicate through me . . ."? And if he had refused to come to the station "voluntarily," could the cops have dragged him out of his house in the middle of the night? And suppose Raffaele and/or Amanda had had the foresight to take their own tape recorders to their police interviews? Would that have been permitted? I have no doubt that Amanda and Raffaele were railroaded, but I think some of our discussion of what they coulda/shoulda done is based on our understanding of US/UK legal procedures. How do innocent (or guilty) people deal with the cops in Italy?
They lawyer up immediately, like Filomena and Laura did. To combat problems with police interrogations in the past, the Italian legal system implemented stringent protocols for the interrogation of suspects, which is why Amanda walking into that twelve cop overnight session had to legally be considered a 'witness' even though they obviously intended to put the screws to her like she was a mafia don. Here's a link which details some of the niceties of ILE regarding lawyers and interrogations:
(Audio and/or visual) Recording of interviews
Electronic recording of interviews is obligatory when the suspect is detained. Furthermore, a written summary is made of the interviews, however it can significantly differ from the recordings. The electronic recordings are made by special technicians, who are supervised by the judge.
Thus everything after the 1:45 AM 'stop order' (arrest) was issued by law had to be taped. The ILE testified that the entirety of the interrogation more or less took place after that time, but that they 'forgot.'
Presence of a lawyer during police interrogation
A lawyer can be present during police interrogations. In practice, however, the police try to prevent the lawyer from being present. For instance, they do not allow the suspect to call his lawyer, or they say they have called a duty solicitor but he has not answered the call, or they suggest that it would be better if the suspect did not contact his lawyer because this would be very expensive. Of course, if the suspect is very determined, he can have legal assistance.
In theory, the lawyer plays an active role if he is present, but it may be that he is prevented from so doing by the police.
The suspect has a right to immediate legal assistance. If the police, however, do not want the suspect to be assisted, they simply do not allow him to call his lawyer or they question him as a witness, since witnesses do not have the right to have legal assistance during questioning. A distinction, however, must be made between the investigation by the police on the one hand and the investigation by prosecutors in subsequent stages of the proceedings on the other.
The police tend to restrict the right to legal assistance, especially in the first stages of the proceedings, in order to get as much information as possible from the suspect.
A public prosecutor would never explicitly dare to do that. Very often, however, lawyers are silenced and not allowed to speak during an interview of the suspect before a public prosecutor.
An example of questioning the suspect as a witness can be found in the following murder case.
The suspect entered the police station as a witness at 15:00h. He got out at 7:00h the following day charged as a suspect and arrested and brought to jail. According to the written record of the interrogation he made a confession at about 5:00h after having been visited by a doctor and having been given two psychotropic drugs (Didergot and Aurorix). The lawyer was only called so that he could be given the written record of the interrogation. The written record, however, turned out to be fundamentally different from what was actually said and recorded on tape. The suspect never actually said that he had killed the victim and simply but incoherently answered in a confused way the questions of the public prosecutor. Notwithstanding the fact that the suspect at trial withdrew his confession, he was sentenced to 21 years mainly on the ground of the confession.