History Main / MirandaRights

2nd Jul '17 4:05:49 PM Oh_what_fun
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* Used by the [[spoiler: crazy EldritchAbomination-possessed]] cop in the Creator/StephenKing novel ''Literature/{{Desperation}}''. One of the first signs that something is very, very wrong is when he mixes "I am going to kill you" into the Miranda rights.



* ''Literature/{{Desperation}}'': Peter and Mary Jackson, a couple driving cross-country in Peter's sister's car, are pulled over by Collie Entragian on the pretext of their missing rear license plate, and arrested for possession of marijuana after Entragian finds a baggie (which actually belongs to Peter's sister) in the car trunk. One of the signs that something is very wrong is when he's Mirandizing them and includes an unexpected phrase:

to:

* ''Literature/{{Desperation}}'': Peter and Mary Jackson, a couple driving cross-country in Peter's sister's car, are pulled over by [[spoiler: crazy EldritchAbomination-possessed]] Collie Entragian on the pretext of their missing rear license plate, and arrested for possession of marijuana after Entragian finds a baggie (which actually belongs to Peter's sister) in the car trunk. One of the signs that something is very wrong is when he's Mirandizing them and includes an unexpected phrase:
17th Jun '17 9:02:35 AM nombretomado
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* Referenced and mocked in ''Film/RedHeat'', starring ArnoldSchwarzenegger. Arnold's Soviet cop has to have ''Miranda'' explained to him. Later on when he's harassed by a street hustler, he asks:

to:

* Referenced and mocked in ''Film/RedHeat'', starring ArnoldSchwarzenegger.Creator/ArnoldSchwarzenegger. Arnold's Soviet cop has to have ''Miranda'' explained to him. Later on when he's harassed by a street hustler, he asks:
8th Jun '17 11:59:01 AM bjex
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* In fiction, the Mirandizing officer is likely to stop when a jaded criminal mastermind mutters, "Yeah yeah, I know my rights..." In reality,
they ''can't'', because the law requires that an officer inform a suspect of their rights, whether they claim to know them or not.

to:

* In fiction, the Mirandizing officer is likely to stop when a jaded criminal mastermind mutters, "Yeah yeah, I know my rights..." In reality,
reality, they ''can't'', because the law requires that an officer inform a suspect of their rights, whether they claim to know them or not.
8th Jun '17 11:55:58 AM bjex
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In fiction, the Miranda Rights[[note]]The rights themselves exist independent of the court's decision on Miranda - they are in the constitution - and the Warning is only meant to remind you that they exist, although any legal scholar will recognize that, say, the Fifth Amendment right against self-incrimination falls under the umbrella heading of "Miranda Rights" while the Third Amendment right to not have to quarter troops in your home does not.[[/note]] are frequent victims of HollywoodLaw. In some movies or series, the rights are an inevitable part of every climax. In others, perps ''never'' seem to get their ''Miranda'' rights read to them when they are arrested. The latter case is actually [[RealityIsUnrealistic more realistic]], since the police only read a ''Miranda'' warning to detainees they want to interrogate. When we ''do'' see the perps Mirandized, however, the officer almost invariably recites the text from memory. In reality, officers are required to read the rights from a card, to avoid mistakes that could get the case thrown out (''any'' deviation from the actual rights as printed mean the perp was not properly read their rights), and will get the perps to sign the card, in case he later denies having been read his rights. Also, they will not stop when a jaded criminal mastermind mutters, "Yeah yeah, I know my rights..." (They ''can't'', because the law requires that an officer inform a suspect of their rights, whether they claim to know them or not). Likewise, the officer is not allowed to interrupt the reading of rights to suggest an obnoxious suspect ''really should'' take advantage of his right to remain silent. Or to modify the "if you cannot afford an attorney" with sarcastic references to a wealthy suspect's obvious ability to afford one.

to:

In fiction, the Miranda Rights[[note]]The rights themselves exist independent of the court's decision on Miranda - they are in the constitution - and the Warning is only meant to remind you that they exist, although any legal scholar will recognize that, say, the Fifth Amendment right against self-incrimination falls under the umbrella heading of "Miranda Rights" while the Third Amendment right to not have to quarter troops in your home does not.[[/note]] are frequent victims of HollywoodLaw. Some common deviations from reality:

*
In some movies or series, the rights are an inevitable part of every climax. In others, perps ''never'' seem to get their ''Miranda'' rights read to them when they are arrested. The latter case is actually [[RealityIsUnrealistic more realistic]], since the police only read a ''Miranda'' warning to detainees they want to interrogate. interrogate.

*
When we ''do'' see the perps someone Mirandized, however, the officer fictional officers almost invariably recites recite the text from memory. In reality, officers are required to read the rights from ''from a card, card,'' to avoid mistakes that could get the case thrown out (''any'' out. This is because ''any'' deviation from the actual rights as printed mean means the perp suspect was not properly read their rights), and will get the perps rights. In addition, suspects are required to sign the card, in case he later denies having been read his rights. Also, they will not rights.

* In fiction, the Mirandizing officer is likely to
stop when a jaded criminal mastermind mutters, "Yeah yeah, I know my rights..." (They " In reality,
they
''can't'', because the law requires that an officer inform a suspect of their rights, whether they claim to know them or not). Likewise, not.

* In fiction,
the officer is not allowed might be tempted to interrupt the reading of rights to suggest an obnoxious suspect ''really should'' take advantage of his right to remain silent. Or silent, or to modify the "if you cannot afford an attorney" with sarcastic references to a wealthy suspect's obvious ability to afford one.
one. In reality, as mentioned above, ''any'' deviation from the words written on the card could be used by defense council to claim that their client was not properly read their rights.



People aren't always Mirandized upon arrest either; sometimes, the police will arrest a suspect, get him or her into an interrogation room and on camera, and ''then'' read his or her rights, to ensure that the suspect's response (usually waiving the rights) is recorded. It used to be procedure amongst some police departments to interrogate people until they were convinced to confess, and ''then'' Mirandize them and have them repeat what they'd said "for the official record;" this is now considered to be coercion (meaning said statements could not be used against people in court).

to:

People aren't always Mirandized upon arrest either; sometimes, the police will arrest a suspect, get him or her into an interrogation room and on camera, and ''then'' read his or her rights, to ensure that the suspect's response (usually waiving the rights) is recorded. It used to be accepted procedure amongst in some police departments to interrogate people until they were convinced to confess, and ''then'' Mirandize them and have them repeat what they'd said "for the official record;" this is now considered to be coercion (meaning said statements could not be used against people in court).
8th Jun '17 11:36:50 AM Gamermaster
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* Members of [[TheFederation the TSAB]] in ''Franchise/LyricalNanoha'' always read criminals their rights when they confront them, although they do it from memory and people are apparently expected to defend themselves in court (though there is at least one case of [[ReasonableAuthorityFigure an arresting officer]] personally acting as [[AntiVillain the accused's]] lawyer).[[note]]This isn't as bad as it seems since the TSAB as a whole is ''very'' forgiving of extenuating circumstances.[[/note]]
8th Jun '17 11:09:08 AM bjex
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These are valuable rights to innocent and guilty alike, provided you remember they exist. Not easy when your hands are in cuffs and your face is being smashed against the trunk of a police cruiser. Until the 1966 Supreme Court decision in ''[[http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=384&invol=436 Miranda v. Arizona]]'', American police weren't likely to remind you.

to:

These are In the United States, the Fifth and Sixth Amendments to the Constitution provide valuable rights to those arrested or accused of a crime, be you innocent and guilty alike, or guilty... provided you remember they exist. Not easy when your hands are in cuffs and your face is being smashed against the trunk of a police cruiser. Until the 1966 Supreme Court decision in ''[[http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=384&invol=436 Miranda v. Arizona]]'', American the police weren't likely to remind you.



-> [[StockPhrase 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 cannot afford an attorney, one will be provided for you at interrogation time and ''in court''.

to:

-> [[StockPhrase 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 have an attorney. attorney present during questioning and at trial. If you cannot afford an attorney, one will be provided for you at interrogation time and ''in court''.
you.



In fiction, the Miranda Rights[[note]]The rights themselves exist independent of the court's decision on Miranda - they are in the constitution - and the Warning is only meant to remind you that they exist, although any legal scholar will recognise that, say, the Fifth Amendment right against self-incrimination falls under the umbrella heading of "Miranda Rights" while the Third Amendment right to not have to quarter troops in your home does not.[[/note]] are frequent victims of HollywoodLaw. In some movies or series, the rights are an inevitable part of every climax. In others, perps ''never'' seem to get their ''Miranda'' rights read to them when they are arrested. The latter case is actually [[RealityIsUnrealistic more realistic]], since the police only read a ''Miranda'' warning to detainees they want to interrogate. When we ''do'' see the perps Mirandized, however, the officer almost invariably recites the text from memory. In reality, officers are required to read the rights from a card, to avoid mistakes that could get the case thrown out (''any'' deviation from the actual rights as printed mean the perp was not properly read their rights), and will get the perps to sign the card, in case he later denies having been read his rights. Also, they will not stop when a jaded criminal mastermind mutters, "Yeah yeah, I know my rights..." (They ''can't'', because the law requires that an officer inform a suspect of their rights, whether they claim to know them or not). Likewise, the officer is not allowed to interrupt the reading of rights to suggest an obnoxious suspect ''really should'' take advantage of his right to remain silent. Or to modify the "if you cannot afford an attorney" with sarcastic references to a wealthy suspect's obvious ability to afford one.

to:

In fiction, the Miranda Rights[[note]]The rights themselves exist independent of the court's decision on Miranda - they are in the constitution - and the Warning is only meant to remind you that they exist, although any legal scholar will recognise recognize that, say, the Fifth Amendment right against self-incrimination falls under the umbrella heading of "Miranda Rights" while the Third Amendment right to not have to quarter troops in your home does not.[[/note]] are frequent victims of HollywoodLaw. In some movies or series, the rights are an inevitable part of every climax. In others, perps ''never'' seem to get their ''Miranda'' rights read to them when they are arrested. The latter case is actually [[RealityIsUnrealistic more realistic]], since the police only read a ''Miranda'' warning to detainees they want to interrogate. When we ''do'' see the perps Mirandized, however, the officer almost invariably recites the text from memory. In reality, officers are required to read the rights from a card, to avoid mistakes that could get the case thrown out (''any'' deviation from the actual rights as printed mean the perp was not properly read their rights), and will get the perps to sign the card, in case he later denies having been read his rights. Also, they will not stop when a jaded criminal mastermind mutters, "Yeah yeah, I know my rights..." (They ''can't'', because the law requires that an officer inform a suspect of their rights, whether they claim to know them or not). Likewise, the officer is not allowed to interrupt the reading of rights to suggest an obnoxious suspect ''really should'' take advantage of his right to remain silent. Or to modify the "if you cannot afford an attorney" with sarcastic references to a wealthy suspect's obvious ability to afford one.
8th Jun '17 6:34:15 AM erforce
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* In ''Literature/ExitToEden'' a serial perp asks the arresting officers "Hey, what about my rights?" Creator/DanAykroyd makes a pixie-dust sprinkling gesture over his head while chanting "Miranda Miranda Miranda."

to:

* In ''Literature/ExitToEden'' ''Film/ExitToEden'' a serial perp asks the arresting officers "Hey, what about my rights?" Creator/DanAykroyd makes a pixie-dust sprinkling gesture over his head while chanting "Miranda Miranda Miranda."



** Mike does it in the sequel.
--->'''Marcus:''' What are you ''doin'''?
--->'''Mike(grimly):''' Getting it out of the way.

to:

** Mike does it in the sequel.
--->'''Marcus:'''
-->'''Marcus:''' What are you ''doin'''?
--->'''Mike(grimly):''' -->'''Mike(grimly):''' Getting it out of the way.way.
%%** Mike does it in the sequel.
28th Mar '17 9:36:25 AM StarTropes
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* Mentioned by ''Creator/RonWhite'' during his story about being arrested for being drunk in public:

to:

* Mentioned by ''Creator/RonWhite'' Creator/RonWhite during his story about being arrested for being drunk in public:
28th Mar '17 9:36:05 AM StarTropes
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Added DiffLines:

[[folder:Stand-Up Comedy]]
* Mentioned by ''Creator/RonWhite'' during his story about being arrested for being drunk in public:
--> "I had the right to remain silent--but I didn't have the ability."
[[/folder]]
26th Feb '17 4:37:43 PM Taskmaster123
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** As the original book ''Homicide: A Year on the Killing Streets'' points out, ''Miranda'' is essentially a compromise between a court system that wants to see the rights of the accused protected, and a society that wants to see crimes punished (because confessions are, by and large, the most effective vehicle for that).

to:

** As the original book ''Homicide: A Year on the Killing Streets'' points out, ''Miranda'' is essentially a compromise between a court system that wants to see the rights of the accused protected, and a society that wants to see crimes punished (because 6(because confessions are, by and large, the most effective vehicle for that).that).
* A good rule for anyone who encounters the police is that if the police ''ask'' you if they can do something, that means they ''cannot'' do it without your permission. If they don't need your permission, they aren't going to bother asking for it. No police officer ''ever'' asked someone for permission to arrest them. "Can I search your car?" or "you mind if I take a look in your car? You've got nothing to hide, right?" are ways that the police try to get around this without violating your rights, because if you gave them permission to search your person, your house, or your vehicle and they do find something, you are under arrest and it's perfectly legal because they had your ''permission.'' If a police officer ''asks'' to search you or your car or asks if he can talk to you, the smart thing to say is "am I being detained?" If they answer no, then tell them they do not have your permission and you are leaving. They can't stop you without arresting you. If they do arrest you, then you have the right to remain silent and you don't have to say anything. Also remember that if a police officer asks to search you or your vehicle or your house and you are not under arrest, if you say no, they cannot say "well, I'm searching anyway." THIS HAPPENS ALL THE TIME, AND THE POLICE DO IT BECAUSE THEY KNOW THAT THEY WILL OFTEN GET AWAY WITH IT. Do not resist, but keep repeating that you do not give your permission, record everything on your phone if you can, and tell anyone nearby that you are being searched without your permission and would like them to stick around to get their name and phone number. If they do find something and arrest you, you will need all the witnesses you can get because anything found under those conditions is inadmissible. There is a clip online of a police officer telling men that he had pulled over that if they do not cooperate, he will just "make something up" and have them put away in jail for the rest of their lives. He boldly stated that THE POLICE DO THIS ALL THE TIME, and it's true. There are ''thousands'' of innocent men behind bars because of this.
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