48 votes
Accepted

If applied in the United States, what is the most obvious legally functional difference between the British and American "mirandizing" phrase?

So the most obvious is that the U.S. Miranda Rights specifically mention right to legal counsel and right to state provided legal counsel (Public Defenders) if you cannot afford legal counsel (...
hszmv's user avatar
  • 23k
22 votes

Is the saying that "cops can use anything you say against you" overstated or understated?

It is somewhat understated, because your silence can also be used against you. In Salinas v. Texas, defendant Salinas was "just talking" to police, not in custody, and his silence (as ...
user6726's user avatar
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20 votes
Accepted

What if you "don't understand" your Miranda rights?

My question is does a person acknowledging that they understand the rights impact anything or do they simply need to read them? What if the arrestee responds with "Sorry I'm too drunk to ...
ohwilleke's user avatar
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16 votes
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Alternative systems without the Right to Remain Silent

Overview The "right to remain silent " is a feature of US law, inherited, like much of the basic structure of US law, from the British law of the late 1700s. The right is also retained in ...
David Siegel's user avatar
15 votes

Is the saying that "cops can use anything you say against you" overstated or understated?

The Miranda Warning doesn't go far enough. It clearly states that you have the right to remain silent, and anything you do say can be used against you. The statement should include the fact that you ...
lawful-n00b's user avatar
  • 1,407
14 votes

Using "Sting" confessions

Because a "sting" does not trigger the prerequisites for the warning The Miranda Warning has triggering events: The circumstances triggering the Miranda safeguards, i.e. Miranda warnings, ...
Dale M's user avatar
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13 votes
Accepted

"And will" in Miranda Rights

The holding of the Miranda decision says: (d) In the absence of other effective measures, the following procedures to safeguard the Fifth Amendment privilege must be observed: the person in ...
user6726's user avatar
  • 215k
12 votes
Accepted

Using "Sting" confessions

Only Admissions while in Detention Trigger Miranda The answer by Dale M is correct, the Miranda warnings are required only when officers have arrested or are detaining a person, and question that ...
David Siegel's user avatar
12 votes

What if you "don't understand" your Miranda rights?

See Moran v. Burbine, 475 U.S. 412 (1986). Miranda holds that "[t]he defendant may waive effectuation" of the rights conveyed in the warnings "provided the waiver is made voluntarily, ...
Jen's user avatar
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10 votes

Is the saying that "cops can use anything you say against you" overstated or understated?

This depends on the relations between the police and community in your area. Every interaction between the police and the public is, first and foremost, a social interaction between individuals. Only ...
o.m.'s user avatar
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7 votes

Alternative systems without the Right to Remain Silent

The reason that the right to remain silent is important can best be demonstrated in the opening set up and later trial that forms the plot of "My Cousin Vinny". In the film, the two ...
hszmv's user avatar
  • 23k
6 votes

If applied in the United States, what is the most obvious legally functional difference between the British and American "mirandizing" phrase?

It should be noted that the US "Miranda Warning" does not need to be in the exact words quoted in the question, although it often is in those words or something quite similar. The ...
David Siegel's user avatar
6 votes
Accepted

How does Miranda rights work in regards to sign-language?

You can say things in sign language It wouldn’t be much of a language if you couldn’t. Further, you can say things in writing and with body language like nods and head shakes. The Miranda Waring is to ...
Dale M's user avatar
  • 209k
6 votes

Is the saying that "cops can use anything you say against you" overstated or understated?

canada The statement is accurate in one sense: statements made out of court by a party to litigation (including by a criminal defendant) can generally be introduced at trial by the opposing party ...
Jen's user avatar
  • 54.8k
6 votes

Lawyer-approved statement to say to the police to unequivocally retain all rights

It does matter if you invoke your right to silence. First, if you do, that affects what police can do (they have to stop interrogating you). Second, it plays a role in "adoptive admissions". ...
user6726's user avatar
  • 215k
5 votes
Accepted

Must Cops Read Rights to Spouse?

The Miranda warning only has to be given to a person being interrogated in custody, and on the premise that the wife is not in custody, the police do not need to read her the warning. Therefore, ...
user6726's user avatar
  • 215k
4 votes
Accepted

Can questions of private investigator without Miranda warning be used in trial?

It's not an interrogation Nothing makes Mr. Hansen a police investigator. He is a private person talking with another private person. His testimony or the recording of the interview might or might not ...
Trish's user avatar
  • 39.4k
4 votes

Do arrestees have the right to private communication with a lawyer?

In the USA communication between an attorney and their client is "privileged". This makes it illegal for, amongst other things, the police to listen in to conferences between a suspect and their ...
Paul Johnson's user avatar
  • 13.5k
4 votes

Lawyer-approved statement to say to the police to unequivocally retain all rights

All of your proposed language is fine, but the more important thing is to say, "I want a lawyer." If the police have any follow-up questions, say, "I want a lawyer." If they ask if ...
bdb484's user avatar
  • 58.9k
4 votes

Lawyer-approved statement to say to the police to unequivocally retain all rights

You do not waive your rights, but you may chose not to exercise them. Those are different concepts. If you speak, you do not "waive" your right to remain silent. At any moment, you may ...
SJuan76's user avatar
  • 5,869
4 votes

Alternative systems without the Right to Remain Silent

In the US, jurors are not supposed to interpret the conduct of the defendant's attorney as equivalent to testimony by a defendant, and attorney argumentation is explicitly not to be interpreted as ...
user6726's user avatar
  • 215k
4 votes
Accepted

Miranda warning - requirement to be "read"

This article goes into Miranda variants in some detail. The basic answer is that there are no SCOTUS-mandated formal requirements on the warning, and there exist up to 900 variants of the warning. The ...
user6726's user avatar
  • 215k
3 votes

Why what you say to the police can be used against you, but not in your favour?

Why are statements made to the police considered acceptable as evidence when used in your prosecution, but hearsay when used in your defense? They aren't necessarily considered acceptable. As pointed ...
Greendrake's user avatar
  • 27.5k
3 votes

Lawyer-approved statement to say to the police to unequivocally retain all rights

Your statement is unnecessarily elaborate. You just need to invoke your right to remain silent and talk to a lawyer. Retaining your rights against searches is simply a matter of not consenting to ...
Ryan M's user avatar
  • 10.3k
3 votes

Is abuse during custodial interrogation grounds for suppression?

Yes. 18 USC 3501 says that a confession is admissible if it is voluntary. If it was given during an abusive interrogation, that would generally show that it wasn't voluntary. There is some analysis ...
Nate Eldredge's user avatar
3 votes

History of "Miranda warnings" before the Miranda ruling

Cautions have a pretty long history. As discussed in the US Supreme Court case Bram v. United States, they date back in English law at least to 1833 with codification in 1848. The catch is that these ...
cpast's user avatar
  • 23.9k
2 votes

Lawyer-approved statement to say to the police to unequivocally retain all rights

Get a business sized card, which says "My name is ______. I demand a lawyer to be present during all questioning. I do not consent to any searches." Hand it to any cop who detains you. Have ...
EvilSnack's user avatar
  • 629
2 votes

Why what you say to the police can be used against you, but not in your favour?

Miranda warning is a warning given to you, in order to avoid you having legal disadvantages. It makes sense that they don’t have to warn you about advantages from making a statement. “If you supply a ...
gnasher729's user avatar

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