Questions tagged [miranda-warning]
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If applied in the United States, what is the most obvious legally functional difference between the British and American "mirandizing" phrase?
In the United States, police must read your rights regarding police questioning as shown below1:
“You have 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. If you…
isakbob
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What if you "don't understand" your Miranda rights?
As I understand it, if a police officer doesn't read the Miranda warning, any answers you give to their questions can be dismissed in court. (I'm sure there are exceptions to this).
If they read the Miranda warning, you have the option to plead the…
jesse_b
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Is the saying that "cops can use anything you say against you" overstated or understated?
Is everything one says to a cop in the course of an enquiry really admissable as evidence against them? Even if they deny allegations? Why is that?
Statistics
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"And will" in Miranda Rights
I am curious about the "can and will be used against you", which seems to be false on its face. I always thought that this version was a fiction, but a quick search brings it up on Wikipedia and on LegalZoom.
I have seen plenty of alternate…
Ben I.
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Alternative systems without the Right to Remain Silent
As I understand it, the "Right to Remain Silent" errs on the side of innocence in the USA justice system.
Jurors are usually supposed to rule as if the defendant testified in the manner voiced by his attorney
(in opening and closing arguments) even…
bobuhito
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Do police have to read Miranda rights if they do not intend to interrogate you?
If there is a situation where police don't interrogate you after an arrest, can they forego the Miranda warning? Is it the case that they do not intend to rely on any testimony gotten in an interrogation to prosecute you?
This may just be…
Neil Meyer
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How does Miranda rights work in regards to sign-language?
If a person were to be interviewed by police and he responded in sign-language. What he said turn out to be false. In court his lawyer argued what he said could not be used against him because he did not say anything. Miranda right say what you say…
Neil Meyer
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Can your DNA records be kept on record even if the DNA was obtained illegally?
Situation: A DNA sample has been used in court against you, and the evidence was suppressed due to a Miranda violation.
Can you have police remove the DNA results from all government databases as well? Can you force the government to remove your DNA…
Neil Meyer
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Using "Sting" confessions
In USA, if I am not mistaken, if the police fail to warn someone that "anything you say may be used against you," then whatever he says to them is inadmissible.
I don't understand then why a confession gotten by the subterfuge of someone else with a…
WGroleau
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Why what you say to the police can be used against you, but not in your favour?
I'm asking this question from the viewpoint of an almost complete newbie in court law.
I've heard stated by plenty of lawyers that you should never talk to the police, and the only thing you should say is: "I want to talk to my lawyer". There are…
Luiz Martins
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Why is the Miranda warning typically given during an arrest?
I'll admit that this question stems more from indirect experiences through popular culture and not real-life experience (fortunately), but I think there's still some real-life backing to it.
The "Miranda rights", as established in Miranda v.…
HDE 226868
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Miranda Loophole: Interrogation by Private Citizen
In Chris Hansen's new show Takedown, episode "James and the Giant Lie", the following situation occurs.
The television personality Chris Hansen lures a man into a sting house. This man is alleged to be attempting to have sexual relations with a…
Mark
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(Salinas v Texas) v (Miranda v Arizona)
I've seen a lot recently on this site discussing Salinas v Texas. Did this 2013 case effectively roll back some of the protections of Miranda v Arizona? Because I'm trying to understand how the following:
Petitioner’s Fifth Amendment claim fails…
Ben Hocking
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Do arrestees have the right to private communication with a lawyer?
One of the foundational rights of an arrestee in US criminal law, as stated in the Miranda warning, is “the right to an attorney”. But if all communication with an attorney is monitored, it can be exceedingly difficult to share information relevant…
TheEnvironmentalist
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Can questions of private investigator without Miranda warning be used in trial?
I was watching the Hansen vs predator series.
In there a random guy called Chris Hansen goes online and pretends to be a 13 years old girl.
When people chat with him, he tries to steer the discussion on a sexual level ("I'm just coming out of the…
robertspierre
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