Who in this country does not know their Miranda rights? I mean, seriously. I knew my Miranda rights by the time I was 12 - from watching cop shows on TV. I can recite the old version of them by heart now...
You have the right to remain silent. If you give up this right*, anything you say can and will be held against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you.
From watching Live PD, they've added some more words to it, but it's basically the same gist. Right to remain silent. Right to an attorney - paid for by the state if you can't fork out the money yourself. Easy peasy.
The police used to be able to just tell you your rights, but now, I guess, they have to read them off a little card. They're the same either way.
Before the law enforcement official asks you any questions, he needs to read you your rights. If he doesn't, anything you say is probably inadmissible in court. (I'm not a lawyer, I just watch a lot of TV.) So, it benefits the law enforcers to make sure you are read your rights and understand them, so they can ask you stuff.
So, I find it funny when I'm watching COPS or Live PD and some person is squealing about not being read their rights before they're even to the interrogation phase. Officers do not need to read rights to put handcuffs on a person. They don't need to read rights to detain someone.
Then again, if these people were half as smart as they think they are, they probably wouldn't be in handcuffs. Jus' sayin'.
*That part doesn't sound right to me, but it's late and I'm tired. I'll correct it in the morning, if I remember.
Here's the original Miranda warning as printed on cards handed out to police departments after the Supreme Court ruling came down 52 years ago today:
ReplyDeleteYou have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided to you at no cost. During any questioning, you may decide at any time to exercise these rights, not answer any questions or make any statements. Do you understand these rights as I have read them to you?
The detainee then had to verbally answer, "Yes." They have shortened it in recent years, but it remains basically the same.
I'm always amazed at how talkative people are. They get downright chatty and end up incriminating themselves. If I'm every guilty, I'm not talking. Not even with my attorney present. I'll let him do all the talking. ;)
Thanks, Silver! I knew you'd know it. I shouldn't have been so lazy and looked the darn thing up myself.
ReplyDeleteLOL, yeah, they do incriminate themselves quite a bit.