Miranda Rights

[Dixon Carter Lee]

Should the police be forced to read you your rights when arresting you?

My feeling -- How much more of your personal responsibility should be shouldered by the police? Should they be able to read it in Spanish? Korean? Japanese? Canadain? ("You have the right to remain silent, eh?") Should they also read you a stanza on why stealing is bad? Should they also go through a phone book list of available lawyers? Where does your civic responsibility to know your own rights stop, and the police's responsibility to be social studies teachers begin?

Educate me, oh ex-cops of Literotica, on your more learned opinions. I'm interested. Was Miranda created to protect citizens, cops, or the courts? And does it work? And is it time to abandon it?

 

[Purple Haze]

You ARE turning right wing, aren't ya Dixon?

 

[Freya]

I think the Canadian (note the spelling) version would be more like "You have the right to remain silent, ya hoser. Anything you say can be held against you in a court of law, eh? Do you understand these rights? K, take off eh?"

 

[Problem Child]

Some people who are arrested actually are innocent, and actually are not bright enough to know that they shouldn't say anything to the cops or that they are guaranteed representation if they can't afford it.

If you're a cop and you're too forgetful or mean to take one minute read that little paragraph to the perp then maybe you should look into a career as a carnie or a security guard. Something a little less complicated.

 

[Dixon Carter Lee]

Actually, it's a left wing position.

 

[Dixon Carter Lee]

If you're a cop and you're too forgetful or mean to take one minute read that little paragraph to the perp then maybe you should look into a career as a carnie or a security guard. Something a little less complicated.

I agree. But more often than not Miranda works against cops who don't read it fast enough, or well enough, or in the right language, or to a perp who's too drunk to hear it right now, etc., and bad guys get off on technicalities. That's true, too.

 

[Problem Child]

I agree. But more often than not Miranda works against cops who don't read it fast enough, or well enough, or in the right language, or to a perp who's too drunk to hear it right now, etc., and bad guys get off on technicalities. That's true, too.

Is it really? Do that many really bad guys actually get off on this particular technicality? I don't know. You could be right.

Seems to me that the cops should be bright enough to know that if the guy is speaking a foreign language they should find out what it is and get someone to read Miranda to them in that language before they interrogate them.

Are we really drowning in Taiwanese mass murderers that have been released because nobody read them their mirandas in their native tongue?

 

[Dixon Carter Lee]

Are we really drowning in Taiwanese mass murderers that have been released because nobody read them their mirandas in their native tongue?

You ever been to Disneyland in July?

 

[perks]

Are we really drowning in Taiwanese mass murderers that have been released because nobody read them their mirandas in their native tongue?

ok, now I'm really scared.

 

[Cherry]

For teenagers, the Miranda Rights should include
"don't say a word until your mother gets here!"

 

[RosevilleCAguy]

I believe that everybody should have the right to watch films starrring Carmen Miranda and that the police should inform them of this right.

 

[Dixon Carter Lee]

For anyone who watches more than 12 hours of television a week it should include, "And no cop actually uses the word 'perp', so don't expect it."

 

[perks]

For anyone who watches more than 12 hours of television a week it should include, "And no cop actually uses the word 'perp', so don't expect it."

how about assailant?

 

[Dixon Carter Lee]

That's okay. But nobody says, "You like this guy for the murder?" outside a Steven Bochco script.

 

[sunstruck]

I think Miranda was created after Ernesto Miranda was arrested, interogated and confessed to bank robbery without ever being told he had the right to an attorney. So my guess would be it was put into effect to protect the accused, as it was created after he was given a new trial three years later.

 

[perks]

really?

 

[Gaucho]

You ever been to Disneyland in July?

Yes, I have. And I rode the Matterhorn and Big Thunder Railroad and Space Mountain, but Splash Mountain was closed. So there.

Actually, the reading of rights to a suspect is done, depending on the argument, to protect either the suspect's right against self-incrimination or the suspect's right to counsel, which are the 5th and 6th Amendments to the Constitution, respectively.

All things considered, if I were a cop, I'd make sure the suspect knew about both of these rights before I beat a confession out of him.

I'm curious, tho, Dix. Is there a particular case that prompted your question or just insatiable curiosity on your part?

 

[Dixon Carter Lee]

Every once in a while Mirand is brought up and put under a microscope, and I think the courts are currently looking at it again.

 

[Evil Attorney]

From my experiences in court last semester, I have come to a conclusion about people that are arrested and drought in as criminal defendants.

They are NOT rocket scientists, and if the prosecutor told them to go infront of the judge and plead guilty and take a jain sentance, 85% of them would have done it.

It is a protection for the citizens of this country that the government, while it may be trying its best to put you in prison for the crime they believe you committed, is also committed to being fair, in that you get told you don't have to talk to anyone you don't want to, if you chose to yap your lips its going to be on the record, and if you want us to do so, we will get you an attorney who is in your side.

I would be very disapointed in the court if they got rid of miranda. It does not encourage crime, it merely is a formal warning to a person under arrest that they have certain rights they can assert.
Most people talk and sign the waiver sheet they have to sign when they talk to the police, it means they knew they did not have to talk, but they did.

If the police loose a few in the process because they did not take the time to tell someone as they interrogated them their rights, well, that is the police's fault.
It is their as a protection against abuse of power and I feel it should be kept in place.

(circumstances were miranda does not apply is a non-custodial interrogation or emergency.
If you are arrested, but noone questions you, miranda does not apply. you man be making statements, but by virtue of your arrest you don't need to have your rights read to you.

also if the intrrogation is non-custodial, as in the police are in your living room asking some probing questions, but you say"am i under arrest?" and they say, "no, you are not arrested now, and if you would like us to leave, please say so and we will leave." then you answer the question, miranda does nor apply.

only an interrogation with you in custody triggers miranda, although many departments read miranda warnings as a matter of course during any interrogation.

Emergency is another excemption to mrianda, as in an armed robbery suspect is arrested after running through a day care center. he had a gun as he entered the building, and did not as he was tackled out the back door.
If the police officer demands the info on were he ditched the gun, that statement and the gun can come in because it is a public safety excemption to miranda, were as normaly the gun and the statment would be exculded from the record and inadmisable at trial.)

 

[TWB]

I think they should have 5 different options. You know, mix it up a little, like they do with the cigarette warnings.

 

[TWB]

The supreme court does not seem to listen to me, however.

 

[Dixon Carter Lee]

Interesting. But is all of that classified as "Miranda"? I'm under the impression that many of the "tell the perp his rights" laws existed before Miranda. Am I worng about that?

 

[penguindance]

 

[Evil Attorney]

"All things considered, if I were a cop, I'd make sure the suspect knew about both of these rights before I beat a confession out of him. "

please have a defence attorney standing by when you do that.

I train with police officers in martial arts, go to school with others, and have had the opportunity to have some as professors.

3 things they all have told me they dislike are danish instead of doughnuts, politicians and dirty/brutal police officers.

Now, I like danish if its cheese filled, but I agree on the other 2.

Dirty and brutal cops are more of a danger to other officers than the public. Thats because if a drug dealer is arrested by Dirty/Brutal Cop, and his ass is beaten, money stolen and maybe if he did not find drugs this time, the officer planets them on him and he goes up for a jail stretch that he should not go for this time.

That means the next cop he meets, maybe this time Mr. Honest Police officer, is going to have to deal with all the anger, rage and frustration that the first cop engendered in him, which translates out into anything from suckerpunching Mr. Honest in the nutts all the way to a gunfight and execution outside the policecar.

I am not saying that police should not use force, or any other means at their disposal, but being dirty and brutal just risks other people's lives.
If you can't make the arrest this time, don't. The guy is not going anywere, and you can always get the listening devices, thermal cameras and other scientific stuff later to help you.

Criminals that you beat a confession out of are not masterminds. They are not going to skip town and go to a place of tropical sun, beautiful women and no extradition treaties.
(humm, columbia does sound nice, doesn't it...)

From what I have seen and been told, and If I'm wrong, let me know, (I'm young and I can take being called on a mistake)is that the attitude of the criminals these days is "catch me fuck me, dont catch me, fuck you"

people who got caught don't like it, but they accept it as part of the game. They go to jail, they get buff and get some dental work taken care of for free, see some friends, gain some new knoledge by talking to other types of criminals, and get out.

When police get dirty, like, oh...LA, then people loose respect for the police and the criminals take it personaly.
If you wonder why police in LA get shot at regularly, maybe look at the rampart division scandel, and wonder what else may be going on.

Now a good trick that was given to me by a patrolman who deals with dealers and whores all day long is to chat with a person he can't arrest (cause he has not found anything or made a case on him yet) about baseball or other shit, then as he walks away say in a conversational tone loud enough for people to hear, "thanks for the information..."

 

[Lost Cause]

Miranda, miranda.....

Applies to US citizens afforded their constitutional 5th Amendment rights. Military Police even have to read it to suspects, or persons of interest. If you don't "speaka de englais," you're on your own hombre/mullah/vato and alien. I really don't care if visitors here aren't afforded rights reserved for Americans, I'm not P.C., and their governments are responsible for redress of foreign police tactics. I think it should still be required in English, unless they come up with a MP3 player with it in every language in the world, it would only take a few extra minutes if the suspect is a citizen.
Actually, it should be required that an American citizen be reminded of their 5th and 4th Amendment rights under law.

You have the right to remain silent,
If you choose not to be silent, anything you say can and will be used against you in a court of law,
You have the right to have legal counsel present during questioning,
If you so desire and cannot afford one, an attorney will be provided by the court,
Do you understand these rights?
Do you wish to remain silent?
Do you want an attorney?

Fuck, it can't get any better than that.