How do you compel someone to speak if they're not Mirandized?

[sadbear]

If he doesn't have the right to remain silent, what's the penalty for remaining silent?

I'm totally baffled by this.

[okwmember]

1. I just asked my husband the same question.

Does not Mirandizing him mean he doesn't have the right or just that you haven't informed him of it? And if he does ask for a lawyer, do you have to give him one? Such a weird situation.

[elleng]

4. Yes, he's entitled to an attorney,

and if he asks for one, he'd better be provided with one.

[DonViejo]

2. Cheneyize him, aka

water boarding.

Hopefully this kid will know the world of hurt he's in (and created) so he willingly speaks.

[Trascoli]

10. oh no you didn't!!!

I agree with you, get him to talk.

[elleng]

3. Can't 'compel,'

might 'entice' by suggesting 'mild' treatment on sentencing.

[sadbear]

7. Tricking him?

Is anything interrogators say legally binding?

I'm still at a loss.

Unless they do plan to torture him.

[demosincebirth]

18. It's legal to lie.

[Gravitycollapse]

24. This is not necessarily true. Officers can ruin a case because they lied to a suspect.

It depends on the court decision.

[Kennah]

5. Read NEW YORK v. QUARLES, 467 U.S. 649 (1984)

http://laws.findlaw.com/us/467/649.html

[treestar]

11. God forbid anyone actually consider the law:

. The doctrinal underpinnings of Miranda do not require that it be applied in all its rigor to a situation in which police officers ask questions reasonably prompted by a concern for the public safety. In this case, so long as the gun was concealed somewhere in the supermarket, it posed more than one danger to the public safety: an accomplice might make use of it, or a customer or employee might later come upon it. Pp. 655-657.

[elleng]

12. Thanks. Rationale here:

'Although respondent was in police custody when he made his statements and the facts come within the ambit of Miranda, nevertheless on these facts there is a "public safety" exception to the requirement that Miranda warnings be given before a suspect's answers may be admitted [467 U.S. 649, 650] into evidence, and the availability of that exception does not depend upon the motivation of the individual officers involved. The doctrinal underpinnings of Miranda do not require that it be applied in all its rigor to a situation in which police officers ask questions reasonably prompted by a concern for the public safety. In this case, so long as the gun was concealed somewhere in the supermarket, it posed more than one danger to the public safety: an accomplice might make use of it, or a customer or employee might later come upon it. Pp. 655-657.'

[HereSince1628]

6. If Obama wants to torture him he just needs to invoke Yoo woo that CIC

has the right to do whatever he wants.

[Honeycombe8]

8. This way?

[datasuspect]

9. extrajudicial rendition

[yawnmaster]

13. He has the right to remain silent. He hasn't been officially informed of the right. eom

[randome]

14. They get to ask him questions and can't be put off with 'I want an attorney'.

Not hard to understand.

[FarCenter]

15. Miranda does not affect the prisoner's rights -- it merely reminds the prisoner of what they are.

The prisoner neither gains nor loses rights by being "Mirandized". It is a rote recitation of what those rights are in case the prisoner is ignorant of them (and hasn't ever watched cop shows on TV).

[sadbear]

16. I suspect he's pretty familiar with American TV.

So I don't think he'll say a thing and this is all probably moot.

[Riftaxe]

30. Or anyone who was required to pass a civics

course to graduate from high school.


I know civics is a very intense part of becoming naturalized, i just do not know it was required in his circumstance

[Sgent]

17. Since he's a naturalized citizen

he presumably learned about those rights when studying the for the exam.

[FarCenter]

19. And everyone else has seen it innumerable times since June 13, 1966

http://en.wikipedia.org/wiki/Miranda_warning

[Warpy]

20. Uh, they're trying to keep him alive, first

They said the injuries themselves weren't life threatening but he's lost a lot of blood. Also, this is about the time infection starts to appear.

I'm just glad he's alive. He's got a lot of explaining to do.

[Trekologer]

21. Miranda says that the suspect must be read his rights

Without being first informed his rights (to not answer questions, to have an attorney present during questioning), any answers given by the suspect to questions would be inadmissible in court. The suspect always has those rights; they don't start or end with reading the Miranda warning. It is a matter of whether evidence obtained can be used at trial.

The exemption is that, due to public safety concerns, the authorities can question the suspect, and use those answers against him at trial, before reading the warning. He can always still not answer questions or ask for an attorney.

[sadbear]

23. Thanks.

The only reason I could think of as to why they'd delay reading Miranda rights was to coerce some sort of confession without a lawyer present. I kinda' see what they're trying to do now, but think it's more or less academic.

[lastlib]

22. "Sure, Mr. Tsarnaev, we can take those bullets out......

....just as soon as you tell us what we need to know....can't risk losing you on the operating table before we get our information, now, can we?..."

[galileoreloaded]

25. Waterboard.

there is a precedent.

[PD Turk]

26. Bieberize him

Play the same Justin Bieber song over and over on in an endless loop...he'll sing like a bird before long

[sadbear]

27. That's sick!

You should be ashamed of yourself.

[PD Turk]

28. And twisted!

I know, I should be ashamed

[rollin74]

29. he does have the right to remain silent wether he has been mirandized or not

[rug]

31. I have a T shirt.

It says:

You have the right to remain silent. Anything you say will be selectively quoted and used against you in the court of law.

"I was there (but I didn't steal anything)."

Deception and misconstruction are much more common techniques than force. All interrogations should be recorded.

[AnotherMcIntosh]

32. How? Here's one method: