As Your Attorney, I Advise You That Miranda Is Bullshit

[PETRUS]

(NB: It looks as though the full article is "unlocked" for the next 24 hours and change but then goes behind a paywall.)

From: https://www.nsfwcorp.com/dispatch/miranda-wrongs/17597c2ebd82ecd01720515fca95650ecc8bf7e2/

At its core, ‘Miranda’ requires a law enforcement officer to remind any suspect in custody who’s about to be questioned that they are in America and, as such, they have some ambiguous rights. Once that unobtrusive bit of oral housekeeping is complete, the police are allowed to use just about any interrogation tactic they like in order to get the suspect to spill. Bad cop/good cop, bad cop/badder cop, sneezy cop/grumpy cop, promise cop/lying cop, pressure cop/guilt cop: all are fine. They can say stuff like “if you just tell us what you know, we’ll go easy on you” (even when they have no intention or authority to do the same) or even “you know we already have your DNA and two eyewitnesses and your partner already ratted you out (even when they got nuthin’).

In my experience -- defending over a thousand criminal cases -- maybe five per cent of suspects successfully invoked their Miranda rights; the rest typically fucked themselves by flapping their lips. Which is how many of them became my clients in the first place.

<snip>

An actually effective Miranda warning would start with a fanfare. A formalized “here ye, here ye…” Maybe a scroll. It would be explicit. Have terms like “If you talk to me, you will likely say the wrong thing and I will fuck you up, little man. I will very likely take your words and explain to a jury or judge that because of those words, you deserve to die. I have the right to lie to you. I may make you a promise I have no intention of keeping. You may think you can tell me the right thing, but I will still arrest you anyway and let the court sort it out. You have the right to a lawyer, but who knows if it will be a good lawyer, but really, any lawyer is better than no lawyer before you spill your guts because only a lawyer can really get a deal for you and if you always get a better deal before you talk than after. Ok, do you want to shut up and get a lawyer now? (Cop pantomimes yes while waiting for a response).”

Read more: https://www.nsfwcorp.com/dispatch/miranda-wrongs/17597c2ebd82ecd01720515fca95650ecc8bf7e2/

[truebluegreen]

1. Never talk to the cops without an attorney.

And especially don't fall into the nothing-to-hide trap, especially when you have nothing to hide.

[msanthrope]

5. Never talk to the cops. Even with an attorney. nt

[markiv]

21. 'even if you have nothing to hide'

because a true but un-provable statement by you can be contracticted by a sincere, but mistaken witness, who has no motivation to lie

....and then you're cooked, in front of the jury, even though you're innocent and never lied

[Mosby]

2. I posted a reply the other day about how miranda needs expanding

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=2735660

Frankly as things stand right now the miranda warning is a joke.

[PETRUS]

3. You're ahead of me, then...

I hadn't really given it much thought I came across the above article.

[msanthrope]

4. This article is dead on. I've had a handful of clients who managed to keep their

mouths shut--and that's about it.

[PETRUS]

6. Have you noticed a pattern?

Apparently the tight-lipped are a tiny minority. Are there any qualities - personality, background, whatever - that they have in common?

[Nevilledog]

12. I've been a defense attorney for 23 years.

In my experience, the people who talk the quickest and dig the deepest holes are those who should know better...the repeat offenders. Somehow they all think that THIS TIME they'll talk their way outta trouble.

[msanthrope]

14. The ones who realize they can't talk their way out of it.

That, and the truly innocent.

[backscatter712]

7. Video: Don't talk to the police

Long, but well worth it!

What you should be doing if you're being interrogated by the cops is to plead the Fifth and demand a defense attorney.

[Qutzupalotl]

8. Thank you for this. That was excellent! n/t

[Logical]

10. I love this video. Send it to everyone I know. Should be taught in school! n-t

[0rganism]

13. excellent video - long, but interesting and entertaining

This should be required viewing for all residents of the USA.

[LostOne4Ever]

16. I am

I am sooo linking this on my FB!

[markiv]

20. HAH! you beat me to it

that video is the true miranda warning

and the second part, where the law professor has an ex cop 3rd year student finish the lecture really goes into the detail of interrogation, confirming everything the OP says, the most important being:

- you have the rights of miranda whether they read you them or not

- cops can legally LIE to you in the interview, about things that might provoke you to talk, most importantly bluffing that they can already prove their suspicians (when they cant) 'so you might as well tell the truth'

[gvstn]

9. All you have to do is go back to the teevee

Every time a cop is accused of a crime the first and only thing they do is say "call my union rep., I got nothing to say".

[Logical]

11. Do not talk to the police should be taught in High School. I am serious! n-t

[Kablooie]

15. What if you're married to one? Should you refuse to talk to him?

Could make matrimony kind of difficult I would think.

[Logical]

19. LOL! N-t

[Donald Ian Rankin]

17. Exactly the opposite should be taught.

"The police are the enemy" is a largely self-fullfilling prophecy that makes it more likely, not less, that you'll get into trouble with them.

What should be taught in high school is to obey the law and to be friendly, cooperative and polite with the police.

[Logical]

18. Lol, funny! n-t

[reflection]

23. There is some truth in what you say.

I do think everyone should strive to obey laws whenever feasible. And I have always been overly polite and friendly to police.

Cooperative though? Depends. I found myself on the receiving end of an unhinged policeman once, and the whole time I was wondering how the hell I ended up there, having been unfailingly calm and polite, using nothing but yes sirs and no sirs, and yet I was in the back of the squad car being cursed. I had been the victim of a hit-and-run. When it became apparent I was wearing a target, I stopped wondering why and went mute. I did not cooperate. And eventually I was on my way. I realize that experience was the outlier in the data, but I'd be lying if I said it didn't alter the way I will deal with policemen in the future.

In other words, if they're looking for a guy who ran down the street or something, I will help any way I can. If their eye is even remotely on me though, I'm going full clam for as long as it takes. I will not speak.

[markiv]

22. that's not the purpose of high school

high school is about obediance, conformity, not questioning authority, abd that your value as a person is determined soley by your popularity