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What is Miranda warning?

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  • What is Miranda warning?

    "You have the right to remain silent" (I appologise for my English). Those words became popular from American movies. But... what do they mean? Does it mean that your words might be used against you? Your law is easier than ours. In Russia a suspect can say anything, even to confess of commiting a crime, but his words will not be used against him unless he signs the papers. Oral words are useless here.

  • #2
    Miranda warnings:
    1) Have the right to remain silent
    2) Anything you say may be used against you in a court of law.
    3) You have a right to an attorney before and during questioning.
    4) If you cannot afford one, one will be appointed for you.

    These are the "basic" words of the warning. It is designed to inform the suspect that he doesn't have to talk to us about a 'crime' that was committed. MIranda does not have to be read as soon as the person is arrested. It does however have to be read prior to any questioning about a crime. The "movies" love to over do it and that always leads to the famous " I know my rights" line from the suspect.

    Some departments require it to be read at the moment of arrest others before questioning. More of a protocal thing. Some words are slightly different from department to department as well, but all are basic and portray the same intent.

    In the US the suspect's words are almost always used against him. Based on the Supreme Court ruling, every supect must know that he can have a lawyer present and does not have to answer questions if he so pleases.

    Comment


    • #3
      Here in the US, the rights afforded to suspects are based in the 5th Amendment (right against self-incrimination) and 6th Amendment (right to counsel) to the Constitution and various court decisions on how those rights should be interpreted and applied.

      Miranda warnings resulted from a case in Arizona in which a suspect was questioned in a custodial setting without being advised of his right to remain slient and right to counsel. See:

      http://www.crimelibrary.com/notoriou...miranda/1.html

      Another key court decision was Escobedo. See:

      http://www.oyez.org/oyez/resource/case/113/

      In that case, a murder suspect was denied access to his lawyer.

      Bottom line...

      Custody + Interrogation = Miranda

      The legal requirement for rights advisement applies only to custodial situations (i.e. those in which the suspect is not free to leave or would reasonably conclude they are not free to leave).

      There is oodles of case law written on admissability of confessions and 5th Amendment considerations. It is a complex and interesting portion of criminal law and its application in the dynamic environment of street police work can be an interesting challenge.

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      • #4
        In addition...

        Spontaneous statements that were not the result of police questioning can be used by the police as well without reading Miranda. For example, if I arrest you for murder, and on the way to the station you say, "I didn't mean to kill that guy..." that statement can be used since it wasn't made in response to any sort of questioning by the police. There is no legal requirement that a document be signed, but it sure helps the case in court if you have one.
        God made cops so firemen would have heroes.

        You do not greet Death; you punch him in the throat repeatedly as he drags you away.

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        • #5
          Miranda

          don't believe they(citizens) have rights in Russia so this is pretty much a mute issue isn't it?

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          • #6
            Miranda was

            a scum bucket puck who just happened to get his last name on an important piece of judical activisim from the "warren court".

            Miranda is a fine Spanish Surname not associated with the scum bucket above.

            Miranda is a beautiful dark haired, buxom, vivacious sex kitten.

            Dont blame me
            I came from an era of law enforcement when only "sissy" wore vest, we all drank and smoked and chased raw women.
            We ate donuts and tums together, considered tomatoes a fruit and considered fruits as those guys in the parks and the hamburger was a three course meal.
            What can I say,
            Last edited by 190; 08-29-2005, 08:49 PM. Reason: spelling

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