Great discussion on our Constitutional rights. Several thing came to mind later as I pondered the lecture.
What about our Miranda rights? How culpable would a "coming clean" make us if we spill our guts to the cops before being Mirandized?
To what extent can our words be used against us, if we talk before the police "read us our rights"?
In other words, wouldn't Miranda protect us against our ignorance of the law, slips of the tongue, eagerness to tell our side of the story, and otherwise stupidity, if we're questioned by a police officer who hasn't notified us of our Miranda rights?
Would an officer be able to tell a jury what he or she discovered in conversation prior to Mirandizing us?
The speaker didn't address this. And I'm a little surprised that he didn't.
Your miranda rights are only made to you if you are under arrest, anything you blurt out before hand is still used against you. Miranda is not a right, it is only a statment notifying you of your rights. The majority of courts don't care whatsoever if the police read you your rights or not, a confession is a confession.
Think of miranda as a courtesy.
However there are unbelieveable amounts of procedural errors the police generally make, due to following protocall instead of following the code of criminal procedure. Many times you can get all the charges dismissed. But the problem is that average joe six pack doesn't know anything about the law because he has gone to public schools. I feel is the most important thing that person can learn is the law, but the state funded school isn't gonna teach you about your rights to appose the state.
6 comments:
Its funny, you ask the creator for wisdom, and now I find I don't have enough hours in my day to absorb it all.
Great discussion on our Constitutional rights. Several thing came to mind later as I pondered the lecture.
What about our Miranda rights? How culpable would a "coming clean" make us if we spill our guts to the cops before being Mirandized?
To what extent can our words be used against us, if we talk before the police "read us our rights"?
In other words, wouldn't Miranda protect us against our ignorance of the law, slips of the tongue, eagerness to tell our side of the story, and otherwise stupidity, if we're questioned by a police officer who hasn't notified us of our Miranda rights?
Would an officer be able to tell a jury what he or she discovered in conversation prior to Mirandizing us?
The speaker didn't address this. And I'm a little surprised that he didn't.
Your miranda rights are only made to you if you are under arrest, anything you blurt out before hand is still used against you. Miranda is not a right, it is only a statment notifying you of your rights. The majority of courts don't care whatsoever if the police read you your rights or not, a confession is a confession.
Think of miranda as a courtesy.
However there are unbelieveable amounts of procedural errors the police generally make, due to following protocall instead of following the code of criminal procedure. Many times you can get all the charges dismissed. But the problem is that average joe six pack doesn't know anything about the law because he has gone to public schools. I feel is the most important thing that person can learn is the law, but the state funded school isn't gonna teach you about your rights to appose the state.
i just wrote on the same thing
We the corporation
Nice spot u have here, hope u don’t mind the drive by, do chk me out one day
rawdawgbuffalo and if u like what u read, maybe u will come back, even Blog Roll Me
Casper said...
"Your miranda rights are only made to you if you are under arrest...."
Thanks for the clarification.
The lecture was good, but it just seemed incomplete without a discussion of it.
i got your note, thanks hon
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