Miranda Rights

[Vater Araignee]

Capital Punishment Views needed for research.... got me thinking

Your basic rights

Here are paraphrased examples of the basic "Miranda Rights" statements, along with related excerpts from the Supreme Court's decision.

1. You have the right to remain silent.

The Court: "At the outset, if a person in custody is to be subjected to interrogation, he must first be informed in clear and unequivocal terms that he has the right to remain silent."

2. Anything you say can be used against you in a court of law.

The Court: "The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court."

3. You have the right to have an attorney present now and during any future questioning

The Court: "...the right to have counsel present at the interrogation is indispensable to the protection of the Fifth Amendment privilege under the system we delineate today. ... [Accordingly] we hold that an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation under the system for protecting the privilege we delineate today."

4. If you cannot afford an attorney, one will be appointed to you free of charge if you wish.

The Court: "In order fully to apprise a person interrogated of the extent of his rights under this system then, it is necessary to warn him not only that he has the right to consult with an attorney, but also that if he is indigent a lawyer will be appointed to represent him. Without this additional warning, the admonition of the right to consult with counsel would often be understood as meaning only that he can consult with a lawyer if he has one or has the funds to obtain one.

The Court continues by declaring what the police must do if the person being interrogated indicates that he or she does want a lawyer...

"If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent."

But -- You can be arrested without being read your Miranda Rights

The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is "probable cause" -- an adequate reason based on facts and events to believe the person has committed a crime.

Police are required to "Read him his (Miranda) rights," only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid.

Also without reading the Miranda rights, police are allowed to ask routine questions like name, address, date of birth, and Social Security number necessary to establishing a person's identity. Police can also administer alcohol and drug tests without warning, but persons being tested may refuse to answer questions during the tests

Wanna know what happend to that kidnapping and rapeist Ernesto Miranda?

Ernesto Miranda was given a second trial at which his confession was not presented. Based on the evidence, Miranda was again convicted of kidnapping and rape. He was paroled from prison in 1972 having served 11 years.

In 1976, Ernesto Miranda, age 34, was stabbed to death in a fight. Police arrested a suspect who, after choosing to exercise his Miranda rights of silence, was released.

[Jarodaka]

You can get that court-appointed attorney, sure, but it's not like he's a good lawyer or has time to adequately research your case and present a good defense.

[Guest Megalicious]

You can get that court-appointed attorney, sure, but it's not like he's a good lawyer or has time to adequately research your case and present a good defense.

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exactly ... or even gives a fuck for that matter .... ..... ... due to the OVERLOAD of other cases that he has .. because the majority of ppl in this country of the so called free , cant afford a decent and focused lawyer .... its sad ... but true ...

[cptdeath]

:fear sometimes the appropriate leverage is much better than a lawyer.

I fired my lawyer couse he was all buddy buddy with the judge and the cops and the prosecuter. "just sign here and will take care of the rest".

Fuc% em all

I came to an .........Undertanding..... with the plantiff and his family and friends

see how pissed (MY ha) law firm was when him and his ......Friends.........case against me got droped despite the courts urging to proceed the plantiff refused.

Money aint shi^ really compared to who you know.

of course when it's big city it's tough sometimes.

but unless you pick up on the subtle pre-existing relationships people around you have. You can't really find a person to start with.

my enimy's enimy is my friend and you become valuable to somebody's interest

SEE art of war Sun Tzu :fear

[soothsayer]

You can get that court-appointed attorney, sure, but it's not like he's a good lawyer or has time to adequately research your case and present a good defense.

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[Vater Araignee]

You can get that court-appointed attorney, sure, but it's not like he's a good lawyer or has time to adequately research your case and present a good defense.

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As far as I know every attorney in Michigan is required to server time as a C.P.A. and out of the three I had only one was on his first stint. All of them had a job with a firm and did not want to tarnish their records. Once I was arrested for public intoxication, the only thing I did was pass out at a bus stop because I knew I could not drive. My C.P.A. look at the judge when I was asked my plea and said this is a waist of time the prosecutor is only going after me because it was reelection time and the judge dropped it. Some times you want the buddy buddy system.