aka: You Have The Right To Remain Silent
: What about my Miranda
rights? You're supposed to say, "You have the right to remain silent!" Nobody said I have the right to remain silent! Shrek
: Donkey, you have
the right to remain silent! What you lack is the capacity
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 Miranda v. Arizona
, American police weren't likely to remind you.
Although the exact wording varies from state to state, it goes something like this:
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
In some states the following is added:
Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me? (Or: "... do you wish to make a statement?")
In fiction, the Miranda Rights are frequent victims of Hollywood Law
. 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 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).
The only time in which Miranda
can be waived is in cases where "public safety" is under immediate threat and the officer does not have the time or wherewithal to lecture the perp for 30 seconds. The usual example is the hypothetical case where an officer catches a Mad Bomber
in a mall and demands where he stashed the Time Bomb
, but exceptions must be approved on an individual basis. And even if the suspect is not Mirandized prior to interrogation, the evidence gained can still be used by police to justify further action, they just can't bring up the interrogation in court.
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).
And obviously, undercover officers do not need to read rights (the police only need to read them to people they're interrogating who have been arrested
; if the police are asking questions but the person is free to leave, they do not have to be read their rights).
Incidentally, if you are ever Mirandized, even if you are convinced you've done nothing wrong (in fact, especially
if you are convinced you've done nothing wrong), the only
words out of your mouth should be "I want a lawyer and will not consider answering questions until I have one." See here
for 49 minutes of extremely enlightening and entertaining education
on the topic.
The British version is (oddly enough) a little less formal. You Do Not Have to Say Anything
. For anything not US or UK see Reading Your Rights
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- Apparently, Superman is expected to read rights to captured villains: failure to do so lets one crook off the hook in Lois and Clark; and in Superman Returns, Lex Luthor implies Superman's failure to read him his Miranda rights (and testify in court) helped him weasel out of two life sentences. So, wait, Superman is a cop?
- Well, your regular officer isn't going to have much luck holding down a man who can shoot laser beams out of his hands without being evaporated.
- In one comic (during the John Byrne years) Superman was deputized as a police officer so Lex Luthor (Corporate Bastard version) could be arrested. Perhaps it stuck?
- There's also Dan Turpin, one of the toughest cops in Metropolis, who never memorized the Miranda speech. He has to read it off a card (which, of course, is generally what real cops do). This is actually a plot point in one story where everyone in Metropolis except Dan got superpowers (because, as it turned out, he didn't want them). At the end of the story, they find the professor responsible. When Dan can't read the card-because he doesn't have his glasses-the professor grabs it out of his hand and starts to read it himself, it says "Mxyzptlk" backwards, and the professor is forced to reveal he's really Mr. Mxyzptlk. Superman switched out the card.
- Hilarously parodied in Spanish comic Pafman, the main characters say the lines "everything you say could be used against you". The bad guy ask what that does mean, so they take the speech balloon that contains this question and smash it in his face.
- WarGames is one of the few times in popular culture that you see law enforcement actually pull out a Miranda card and read the text as someone gets arrested.
- In Exit to Eden a serial perp asks the arresting officers "Hey, what about my rights?" Dan Aykroyd makes a pixie-dust sprinkling gesture over his head while chanting "Miranda Miranda Miranda."
- Played with in Lethal Weapon 3, after a car chase ends with the perp being ejected through the window and knocked unconscious:
Riggs: You have the right to remain unconscious. Anything you say... ain't gonna be much.
Butters: You have the right to remain silent, so shut the fuck up, okay? You have the right to an attorney. If you can't afford an attorney, we'll provide you with the dumbest fucking lawyer on Earth! If you get Johnny Cochran, I'll kill you!
- In Minority Report, when confronting the man who kidnapped and killed his son, the protagonist grapples with the choice of killing him or not. Finally, he makes his intentions clear when he begins reciting the criminal's Miranda rights.
- In Madea Goes To Jail, she is not convicted because the police forgot to Mirandize her
- Marcus starts with the Miranda Warnings in the car chase climax of Bad Boys. But, of course, since the villain is in a another car, it's more of a Pre-Mortem One-Liner.
- Parodied in Undercover Blues.
Jeff Blue: FBI! You're under arrest. You have the right to remain silent. If you give up that right you may talk, sing, dance, impersonate Elvis or anything else you like. You have the right to an attorney. If you're broke and can't afford one, tough shit! Now get in the car you suspected felon you!
Mr. Ferderber: Wait, wait. What am I being charged with?
Jeff Blue: That's for me to know and you to find out.
- Also parodied in the very obscure slasher film Psycho Cop Returns, by the titular, well... psycho cop.
Joe Vickers: You have the right to remain dead. Anything you say can and will be considered very strange because you're dead. You have the right to an attorney, but it won't do you any good because you're dead. Do you understand these rights that have just been read to you? Are you even listening? It would be a lot easier if you were a little more co-operative!
- Parodied in After the Sunset. FBI agent Lloyd and his nemesis diamond thief Max catch a shark while fishing together. When the shark turns out to be alive, Max gets ready to smash it with a beer crate, when agent Lloyd unloads his revolver into the animal, yelling "YOU HAVE THE RIGHT TO REMAIN SILENT" at the top of his lungs.
- Parodied to hell and back in the second Police Academy:
Mahoney:You have the right to remain silent. The right to a court-appointed attorney. You have the right to sing the blues. You have the right to cable TV. You have the right to sublet. You have the right to paint the walls. No loud colors.
- Likewise parodied to heck in the 1987 Dragnet movie featuring Dan Aykroyd and Tom Hanks.
Pep Streebeck: You know, Muzz, you have the right to remain silent. If you give up the right to remain silent any thing you s-, you know these words, Muzz! C'mon, sing along!
Pep Streebeck: Anything-you-say can-and WILL be USED against-you IN a-court of LAW!
- In Showdown in Little Tokyo, Brenden Lee's character uses the Miranda rights as Trash Talk during a fight, capping it with the Premortem One Liner: "You have the right to be dead".
- Nancy Drew references this when she strays onto the set of a cop film set in the '50s, noting that it would be anachronistic for Bruce Willis to read the rights. Bruce takes this in stride. The director does not. She does not, however, give the correct date.
- In Running Scared, Billy Crystal plays a Chicago cop. In one scene, he's trying to arrest a crook who is holding a hostage at gunpoint. Crystal's character aims at the crook's head and recites, "You have the right to remain dead. Anything you do will be used against you. You have the right to a coroner. If you cannot afford one, we will appoint a medical examiner for you." (the bad guy surrenders.)
- Fatal Instinct. Ned Ravine reads then to a bank robber-off Cue Cards held up by his partner.
- In InspectorGadget film, Gadget's hat includes a scrolling marquee that displays the Miranda rights during an attempted arrest.
- The plot of the 2012 21 Jump Street film is kicked off with a rookie cop failing to properly Mirandize a criminal because he only knew the first line from its use as a stock phrase. At the end, however, he and his partner are able to shout the rights in their entirety to the villain in unison.
- RoboCop (1987): When arresting The Dragon, Murphy reads him his rights while slamming him around the room, throwing him through glass and almost crushing his head.
- At the end of The Shawshank Redemption, a police officer reads the Miranda Rights off an actual card as Hadley is arrested. Instead of being a case of Shown Their Work however, the card is there to indicate that Miranda Rights are still new, so the officer in question hasn't memorized them yet.
- Parodied in Garfield: A Tale Of Two Kitties.
Garfield: YOU HEAR ME, WARDEN?! I HAVE THE RIGHT TO REMAIN SILENT! ANYTHING I SAY CAN AND WILL BE HELD AGAINST ME IN A COURT OF LAW! AND I HAVE THE RIGHT TO AN ATTORNEY TOO, PAL! AND IF I CAN'T AFFORD ONE, ONE MUST BE PROVIDED FOR ME BY THE COURT! (He shakes the cage door very hard, causing it to swing open with him on it) NEVER MIND! I just broke out!
- Referenced and mocked in Red Heat, starring Arnold Schwarzenegger. Arnold's Soviet cop has to have Miranda explained to him. Later on when he's harassed by a street hustler, he asks:
- There's a moment in Hannibal where Barney is about to provide Clarice with some information about Lector, but in so doing he'll be confessing to a crime (selling Lector memorabilia.) He asks Clarice to "agree for the record" that she has not read him his rights, so that if she was wearing a wire his confession would be inadmissible. Then he has her repeat the admission into her handbag for good measure.
- Spoofed in Incompetence, the comedy novel by Rob Grant, where the caution takes up an entire chapter and basically amounts to "anything you say (or don't say) means you're both guilty and fully understand your rights". There's also a simplified version, for suspects who don't understand the full version:
"You don't have to say anything, but if you don't, bad things will happen to you. You can ask for a lawyer, but if you do, bad things will happen to you. Do you understand, or shall I read the full version again?"
- In the universe of Snow Crash, the warnings have become incredibly wordy and trilingual, presumably as lawsuit-retardant; one cop translates the legalese back into straightforward, probably for his own amusement. "Any bodily motions not authorised or approved by us may result in responses up to and including lethal force..." "Or as we used to say, 'Freeze, Sucker!'"
- In The Hollows novel For a Few Demons More, Rachel arrests Trent at his wedding and delivers an over-the-top sarcastic Miranda warning, including stating, "If you can't afford one, hell has frozen over and I'm the princess of Oz."
- The Star Trek novel Crisis on Centaurus has Kirk fleeing local forces with an unconscious Sulu, an old lawyer friend, and his terrorist clients who'd rather be in Federation custody to escape the death penalty, and arrests them during the flight with an abbreviated version of Miranda: "You have the right to remain silent, and anything you say can and will be held against you in a court of law. You already have a lawyer so I won't go into that part. You have a phone call coming. Want to make it?" (They don't.) Accuracy aside, it's a good moment of comic relief in a tense sequence.
- Used by the crazy Eldritch Abomination-possessed cop in the Stephen King novel 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.
- In The Dresden Files, Karrin Murphy gets a couple of these in, usually alternating between reading the rights and continuing the conversation. The first was doing the speech to Dresden himself, in the middle of a crisis with a raging loup-garou. She pauses in between sentences to berate Dresden for being an asshole. In the second, she's arresting Molly.
- In the Monk novel Mr. Monk in Outer Space, we have a scene where Lieutenant Disher is arresting a guy who only speaks in the fictitious Dratch constructed language, and this gem:
Lt. Randy Disher: You have the right to remain silent. Anything you say can and will be used against you in a court of law, regardless of what language you speak in, a real one or a TV one.
- The issue of the rights being read out from memory was averted in Mr. Monk and the Blue Flu, where Monk does read the Miranda rights from a card like he is supposed to when arresting a suspect in a quadruple homicide.
Live Action TV
- Hilariously inverted in The 4400 episode "Trial by Fire": When the team finally catches the bad guy of the week, who had been blowing up members of the 4400, Tom Baldwin says to him "You are being arrested as a terrorist; you will be treated as an enemy combatant: you do NOT have the right to remain silent, you do NOT have the right to an attorney, and whatever you say will damn sure be used against you."
- In the CSI franchise, we typically cut away just after a CSI tells a detective to, "Read him his rights." On the original CSI, the criminalists are not police officers, so they aren't actually legally empowered to perform the arrest. In CSI: Miami and CSI NY, they are, but still defer to the nearest homicide detective.
- Law & Order usually uses the reading of the Miranda rights as part of an Act Break. The perp is cuffed, and a Detective will begin with "You have the right to remain silent, anything you do say..." as the scene fades to commercial. We are to assume the rest of the speech was given without having to waste camera time. In fact, if the entire Miranda speech is given on camera, it's a pretty good bet that much of Act II will be spent with the suspect arguing he wasn't Mirandized properly, or some other procedural technicality related to such. Law & Order may have been one of the first shows to demonstrate not only the legal repercussions of not advising suspects of their Fifth Amendment rights, but also ways that botching the warning doesn't mean the perp is automatically Off on a Technicality.
- Agen Scully occasionally says this from memory a few times in the earlier episodes of The X-Files after she and Mulder (or whichever member of the local law enforcement) make an arrest.
- Misused on Rabbit Fall where the police constable is arresting the second boyfriend in a row to go to jail. She gives him the Miranda speech because he keeps trying to talk about why he did it. What's wrong with that? She's a Canadian police officer.
- Lampshaded in an episode of Martial Law. A female teenager who has had previous run-ins with police points out to Sammo that the lawyer who was sent to represent her didn't ask if she was read her rights, which tips off Sammo that the lawyer was a fake.
- Played with on NCIS — while trying to get a perp to talk, they tell him that they can connect his crime to terrorism and get him sent to Guantanamo Bay. His "rights" thus essentially boil down to "You have no rights." He talks.
- Parodied on Farscape ("Won't Get Fooled Again"):
Crais: FREEZE! You're under arrest! You have the right to the remains of a silent attorney! If you cannot afford one... tough noogies! You can make ONE phone call! I recommend Trixie: 976-Triple 5-LOVE. Do you understand these rights as I have explained them to you?! Well do ya, PUNK?
Crais: Well... then I can't arrest you!
- Bonus insanity points for being delivered by a man in high heeled shoes. Who then slams Crichton's head in a car door.
- In Lois and Clark, policeman barge into Lex Luthor's wedding and start reading his rights to him. Naturally, when they come to the "If you cannot afford a lawyer" part, Lex shouts that he can afford a thousand lawyers.
- In an episode where the Big Bad was pitting all of Metropolis against him, the public demands that Superman present various documents allowing him to fly (e.g. a pilot's license), his Social Security number (proving he pays taxes; which he does, just not as Superman), etc. When he catches a crook, the cops immediate let him go explaining that Supes didn't Mirandize him. Superman points out that the cops are usually the ones to do it.
- Happens Once an Episode (at least) on The Closer. Part of Brenda Johnson's skill as an interrogator is in getting suspects to waive those rights and/or slip up in the interview room. A common tactic for her is to persuade the suspects to revoke their Miranda rights and confess. In one episode, there's an inversion: Brenda tells the suspect how the murder was committed; once the suspect agrees with Brenda and admits guilt, only then does Brenda have her rights read and arrest her, since legally that's considered a spontaneous confession.
- In spinoff Major Crimes, Captain Raydor will usually advise suspects of their Miranda rights, and then advise them that if they call a lawyer, the chances of a plea-bargain deal go out the window.
- The Closer violates them in nearly every episode, when suspects ask for lawyers and have questions asked as 'minor things' while the lawyer is coming (technically this would mean that whatever the suspect said would be inadmissible, but any evidence found because of what they said would be allowed).
- Many writers add "editorial comments" from the arresting officer, as with this example from The Closer:
Sanchez: "...any stupid thing you say will be used against you. You have the right to an attorney. If your broke ass can't afford one, one will be provided..."
- The 1960s Dragnet, being a Police Procedural, did this frequently, with (usually) Sgt. Friday telling the person under interrogation at the beginning of said interrogation rather than at arrest.
- On Hardcastle and McCormick, in the early episodes Judge Hardcastle carried a Miranda card with him everywhere, including in the pocket of his bathrobe. Since his retirement project was to catch criminals who were getting acquitted on "technicalities," he wanted to make sure he followed procedure (even though, come to think of it, a retired judge isn't a cop, either).
- Having been schooled by Hardcastle, McCormick would sometimes remind the cops arresting the bad guys at the end of the episode that they had to read it from the card, for it to count.
- Discussed in an episode of Frasier. Frasier believes that he cannot commit perjury for Niles's sake, and has a discussion with Martin about it. Martin brings up an example where he did not read a criminal's rights. Said criminal had been arrested multiple times, and knew his rights as well as Martin did. This was an example of Hollywood Law, though, as Martin said he saw the suspect shoot someone, and thus wasn't going to interrogate him-it was unnecessary. Plus, the only reason he didn't read them anyway is because the suspect got loose and he had to go catch him.
- An episode of Bones featured Booth arresting and Mirandizing a suspect in a hurry, since he's on an international airplane that's seconds from landing...and once it touches down, Booth doesn't have jurisdiction. Of course, this is patently ridiculous. Miranda warnings are not necessary for a valid arrest; they are concerned with statements by the arrested suspect. "You're under arrest" would have been enough for jurisdictional purposes, with the Miranda warnings coming at Booth's leisure...if international jurisdiction worked like that anyway, which it (probably) doesn't.
- In one episode of Castle this crosses with Lying to the Perp. Beckett and Castle both insist that Beckett did not read a small time crook his rights and that he is free to go. The real ruse works in that they aren't after him, but his boss, who would see him walk out of the precinct (with suspicious ease) and assume he was working with the cops. The crooks only chance at survival is to implicate himself further so that the cops would arrest him, and thus keep him in custody.
- In the Due South episode "Asylum", Ray gets framed for murder and runs to the Canadian consulate, whereupon Fraser promptly arrests him and reads him his Miranda rights. Since Fraser's whole reason for arresting him in the consulate is to force the Chicago police to extradite him from Canada, you'd think he'd at least make the effort of using the Canadian version of Reading Your Rights.
- Parodied in a Kids in the Hall sketch that involves a very bored criminal robbing a very bored homeowner, then they're interrupted by a very bored police officer who tells the robber, "You have the right to blah blah blah..."
- Used on Boston Legal, where the police almost never get through the warning without one of the lawyers saying something smartass.
- Used rarely in Columbo. Most memorably, when arresting a lawyer for murdering his mistress: Columbo coolly tells him he's going to read him his rights, pulls out a crumpled note and reads it verbatim.
- Parodied in the Community episode Basic Lupine Urology which is an Affectionate Parody of Law & Order. Troy and Abed are acting like police detectives but regularly point out that they have no authority whatsoever.
Troy: You have the right to do whatever you want, nothing you say or do can be used against you by anyone, but we'd really like it if you came with us, please-and-thank-you...
- On JAG: Harmon Rabb has his rights read to him twice, first by FBI Agents in "People v. Rabb", and Article 31 rights by Leroy Gibbs in "Ice Queen".
- Parodied in the Blue Bloods episode "The Truth About Lying" after Danny interrupts a suspect's escape attempt by running a shopping cart into his path. The subject goes down, hard.
Danny: You have the right to remain unconscious.
- In an episode of Starsky & Hutch, Hutch is Mirandizing a man whom he and Starsky caught in the process of raping a bruised and struggling woman, but as soon as he says "You have the right to remain silent—" the man, rather than keeping his trap shut, interrupts by yelling "Aw, c'mon, I was just trying to have a little fun! She came with me for kicks!" Hutch stubbornly keeps Mirandizing with "if you waive your right to remain silent anything you say may be used against you" but it's not much help to the rapist anymore.
- Prototype: "You have the right to be ventilated. I have the right to burn your home and shoot your dog. Do you understand these rights as I have read them to you?"
- Marcus in True Crime: New York City parodies this. "You have the right to an attorney and some other shit I can't remember." In the first installment, the protagonist sometimes says to suspects after beating them up and cuffing them: "You have the right to remain - unconscious!"
- In Police Quest, the player had better remember to read everyone they arrest their rights, if they want to finish the game with full points.
- This was even grounds for Non Standard Game Over for one case that ended up in court.
- Which is strange, because the game was, supposedly, designed with the input of a retired police officer. One can imagine that the developers often ignored him.
- Gates from Policenauts recites these to Jonathan Ingram when framing him for murder.
- In an episode of Batman: The Animated Series, Police Commissioner Gordon is arrested for a crime for which he was framed. The officer begins to recite the Miranda, but Gordon angrily stops him dead with the fact that he for obvious reasons is quite familiar with the recitation. In another episode, the ever-cynical Detective Bullock warns a perp he's just arrested, "You have the right to remain silent, if you choose to give up that right, you're probably going to bore me to death, so just shut up."
- Bullock has a few noteworthy "amendments" to the Miranda rights. In fact, in the shows run, he Mirandizes at least four perps, and not once does he actually use the correct wording.
- Parodied on The Simpsons when Marge becomes a cop. She is forced to arrest Homer after he repeatedly breaks the law (triple parking his car over three handicap spots so he could buy underage kids beer, then stealing Marge's hat). When she tells him of his right to remain silent, he replies "I choose to waive that right" and starts screaming.
- All the way back in season 1 (Krusty Gets Busted), Chief Wiggum arrests Krusty and tries to recite the Miranda Rights, but either forgets them or gets bored.
Wiggum: You have the right to remain silent, anything you say blah, blah, blah, blah, blah...
- In the season 13 episode, "The Parent Rap", Wiggum tries again to recite them, this time using a teleprompter in his car.
Wiggum: You have the right to remain um uh...(reads teleprompter) silent? That doesn't sound right.
- Homer uses a modified Miranda rights as bedroom talk
Homer: You have the right to remain sexy. Anything you touch can and will be used against you in a court of sex. You have the right to an sextorney. If you cannot afford an sextorney, one will be provided- At this point Marge interrupts by grabbing and kissing Homer.
- In "Homer at the Bat" the Springfield police arrest Steve Sax (long story) and when Sax asks for his lawyer, they laugh him off and tell him he watches too much TV.
- In the Hey Arnold! episode "Wheezin' Ed," when the kids find a counterfeit penny operation run by petty criminals Vic and Morrie, one of the arresting officers uses an interesting Malaproper when effecting the arrest:
Officer: Now get those kids in the boat pronto while I read these two clowns their Mirumba rights."
- In Beavis And Butthead Do America, Mr. Van Dreissen is arrested by the ATF. When he asks about his Miranda Rights, one of the officers hits him in the stomach.
- Parodied in the Duckman episode "American Dicks", where Duckman is arrested during the taping of two rivaling police reality shows, and the officer arresting him states "You have the right to remain silent. You also have some other rights that they'll dub in during editing".
- The Mask: When a Mad Scientist created a Bad Future, Stanley was arrested and learned the Miranda rights don't exist in that timeline.
- Ernesto Miranda, the defendant who went all the way to the U.S. Supreme Court and won, ended up serving the exact same sentence. The Supreme Court ruled that, because he had not been made aware of his right to not answer questions, his confession was not admissible, and the prosecution wasn't allowed to bring it up. However, the Court didn't simply let Miranda Off on a Technicality: they sent the case back for a new trial. Prosecutors retried him, didn't bring up the confession, and got the same verdict.
- Tragically or hilariously, depending your disposition, Miranda was paroled only to be stabbed to death shortly after in a bar fight. His murderer was probably confused when he was handed a card (more popular initially than speaking the rights) with his victim's name on it.
- More recently, the Supreme Court has now found that this trope brings out its own existence. In Dickerson v. United States, the Court ruled: "We do not think there is such justification for overruling Miranda. Miranda has become embedded in routine police practice to the point where the warnings have become part of our national culture."
- Unfortunately, despite the original intent of the Miranda decision (to eliminate shady-but-technically-legal police practices circa 1966), the result of the decision has been the standardization of the Miranda warning as part of official police procedure, followed by the adoption of many techniques that don't actually violate the letter of the law, but do undermine its spirit. The "photocopier lie detector" trick, for example, in both The Wire and Homicide: Life on the Street, doesn't run afoul of the doctrine of Miranda, but is a good example of what the decision was intended to stop. (There's debate about whether that one occurred, but similar methods have developed in police stations across the country.) Additionally, people who are arrested rarely bother to remain silent, and besides, the Supreme Court has scaled back the boundaries of what Miranda means in the forty years since handing down the decision. In the end, Miranda doesn't really interfere with police investigations as much as you might think.
- 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).
- In a case of Reality Is Unrealistic, the Miranda rights (and other American legal tropes) are so ubiquitous in the media that Canadians (who have a significantly different legal system) often expect to be handled like they would in the U.S. For example, the fifth amendment to the Constitution of Canada had nothing to do with rights. It allowed the federal government to provide a bridge between Prince Edward Island and the mainland rather than ferry services. Protection against self-incrimination is found in Section 13 of the Canadian Charter of Rights and Freedoms. The Canadian caution reads (with some variation depending on the police service):
"You are under arrest for [charge], do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?"
- It's not helped by TV shows explicitly set in Canada which nonetheless feature cops reading arrestees their rights American-style. For example, Forever Knight, set in Toronto, has the hero's partner cuffing a guy, starting the "You have the right to remain silent" bit, and actually telling the guy "Sing along, you know the words!" (Canadian rights are, however, similar to American rights in regards to self-incrimination and legal representation. They're just not codified the same way as Miranda. The main significant differences: you do not have the right to have an attorney present while being questioned. If you ask for an attorney right away, the police have to hold off questioning you until you talk to one for advice, but you cannot say that they can't talk to you without your attorney being present. Also, invoking your right to silence doesn't mean the interrogation is over; you don't have to say anything, but the police don't have to stop asking you questions.)
- In France, it is mandatory to read their rights to arrested suspects. This is never done. Popcultural Osmosis often causes French suspects to insist on rights they don't actually have, however.
- Rather amusingly, and due to the subtitles (Closed Captioning) being prepared by an American company, the UK Fly-on-the-Wall Documentary Police Interceptors has the caption "Recites Miranda" whenever one of the police officers tell a suspect "You Do Not Have to Say Anything".
- Neal Stephenson in In The Beginning Was The Command Line:
"We seem much more comfortable with propagating those values to future generations nonverbally, through a process of being steeped in media. Apparently this actually works to some degree, for police in many lands are now complaining that local arrestees are insisting on having their Miranda rights read to them, just like perps in American TV cop shows. When it's explained to them that they are in a different country, where those rights do not exist, they become outraged. Starsky & Hutch
reruns, dubbed into diverse languages, may turn out, in the long run, to be a greater force for human rights than the Declaration of Independence."
- There was much debate (and backlash from some who believed it was akin to denying him them) when Boston police questioned Dzokhar Tsarnaev about the Boston Marathon bombing without being read his rights. Police justified this under the "public safety" exception, though a judge did Mirandize him eventually (and he shut up after he was).
- Note that this is almost exactly the hypothetical "mad bomber" scenario described at the top of the page.