#Miranda Rights

[sweaterkittensahoy]

A masterclass in acting, direction, scripting, and WHY YOU DON'T FUCKING TAL TO THE POLICE.

My dad is a retired cop. He used this scene to train other cops on how to read someone their rights but also trick them into thinking they would be better off not enforcing their rights.

I had a VHS of this episode. It's what he used in his class. With my express permission, since it was my tape.

There's a lot of layers here. Ignore all of them about where I was and am in the family dynamic and expectations. Take this very well-made explanation about why you don't talk to the goddamn cops and learn from it.

[outtacontextlitwtc]

"we're just two white guys with a podcast!"

[lordmartiya]

Let's Clear Up Some Myths About Miranda Rights (and interrogations)

A lawyer reminding everyone to NOT talk to the police without a lawyer present and why: because the police is interested in catching SOMEONE, and it's easier to get a confession from the guy they have a hunch they're guilty than actually investigating the case.

Also shedding light on a widespread interrogation technique that starts from the assumption you're guilt, a technique known for having gotten confessions from people later proven innocent by DNA evidence.

[xkcdbracket]

Supreme Court Bracket

Remember that this is a silly Tumblr poll, and these two things are not actually in conflict. So don't get too heated in the notes.

Miranda Rights. Inculpatory and exculpatory statements would not be accepted in court if a defendant was not informed of their rights under the Fifth Amendment. The ''Miranda Rights'' warning (''You have the right to remain silent'', etc.) is now used across the US.

Interracial Marriage. State laws prohibiting interracial marriage were unconstitutional, and were struck down. This case was cited as precedent in Obergefell v. Hodges.

[scripture-pictures]

[gadawg-404]

47 th anniversary of knowing your Miranda Rights. It took the USA almost 200 years to recognize the natural right to remain silent.

[miawashere]

miranda v. arizona

in 1963, Ernesto Miranda was arrested for kidnapping & rape. he was interrogated by the police of Phoenix, Arizona who got evidence from Miranda himself. however, the problem with how the evidence was retrieved was because Miranda wasn’t aware of his rights to a lawyer, so he took his case to the Supreme Court. The Miranda rights were created, saying that police must tell those being apprehended that they have the right to remain silent, the right to a lawyer, anything you say can and will be used against you in the court of law. That they have the right to an attorney, & that attorney can be present while being questioned.

[frommybookbook]

OK, ever since I started this hyperfixation journey into Perry Mason a couple months ago, @epersonae and I have been talking about how much we are looking forward to Miranda v. Arizona happening and then showing up in this universe and reader, it finally happened!

After watching a season and a half of the CBS show and reading a dozen of the original Erle Stanley Gardner novels, I finally came upon one of the books written after Miranda and thus included it in the world of Perry Mason and it was everything I'd hoped it would be.

The book was The Case of the Fabulous Fake, published in 1969, and it was the last Perry Mason book ESG published before his death (a few others were published posthumously). The plot of this one was pretty thin, and the mystery wasn't the best, but I got the impression that ESG wrote it solely to bring up Miranda rights as many times as he could. They're never called Miranda rights, but Perry tells at least four officers regarding two clients that they have to be told their rights before being asked any questions or taken into custody, whether the police like it or not. He even jokes about his constitutional rights with Paul!

One of the things I have loved the most about reading these books and watching this show is just how strongly Erle Stanley Gardner, through the character of Perry Mason, cares about citizens' rights and protecting those rights, regardless of what law enforcement and prosecutors would prefer. He stands up for the law and how it protects everyday people. He, and thus defense, is always the hero in a way that is almost difficult to comprehend in 2023 and the age of copaganda in which we live.

I love Perry Mason. I love the morals and ideals he stands for and the hardline he takes to defend them, and I can't wait to see more examples of this in other post-Miranda books and (hopefully!) eventually in the final seasons of the show.

[freehomeworkshd]

The Miranda Rights refer to the rights advised to someone after being placed under arrest, namely the rights protected by the Fifth and Sixth Amendments of the Constitution, which are the right to remain silent and the right to consult an attorney during interrogation. The Fifth Amendment states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury […] nor shall be compelled in any criminal case to be a witness against himself.” The Sixth Amendment mentions the right “to have the Assistance of Counsel for his defence.” 

The Miranda Rights have their origin in the aftermath of the Miranda v. Arizona case. In 1963, Ernesto Miranda was accused of kidnapping and rape. After being interrogated by police, he wrote and signed a confession which was used as evidence in court. He was found guilty and was sentenced to 20-30 years in prison. He appealed his conviction to the Supreme Court of Arizona, but the Court held that his constitutional rights were not violated in obtaining the confession (United States Courts). He appealed again, and the Supreme Court reviewed the case in 1966.

Upon examination of Miranda v. Arizona and other similar cases involving the defendants not being advised of their constitutional rights, the Supreme Court ruled 5-4 in favor of Miranda. In the majority’s opinion, Chief Justice Earl Warren wrote:

From the testimony of the officers and by the admission of respondent, it is clear that Miranda was not in any way apprised of his right to consult with an attorney and to have one present during the interrogation, nor was his right not to be compelled to incriminate himself effectively protected in any other manner. Without these warnings, the statements were inadmissible. (Warren 492)

The decision of the Supreme Court overturned Miranda’s conviction. He was later retried by the State of Arizona.   

As a result of the Miranda v. Arizona decision, defendants are customarily warned that everything they say will be used as evidence in a court of law, therefore they can help themselves by remaining silent. Counsel is also advised, since the Supreme Court of Arizona affirmed their decision arguing that Miranda did not request for counsel (Oyez).

List of Miranda Rights:

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. 

Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?

Translation

Tiene derecho a guardar silencio. 

Todo lo que diga puede ser y será usado en su contra en una corte. 

Tiene derecho a un abogado.

Si no puede pagar un abogado, se le asignará uno. 

¿Entiende los derechos que acabo de leer? Con estos derechos en mente, ¿desea hablar conmigo?

Works cited

Congress. “US. Constitution | Constitution Annotated | Congress.gov .” Constitution Annotated, https://constitution.congress.gov/constitution/. Accessed 18 Apr. 2022.

“Facts and Case Summary – Miranda v. Arizona.” United States Courts, https://www.uscourts.gov/educational-resources/educational-activities-facts-and-case-summary-miranda-v-arizona. Accessed 18 Apr. 2022.

“Miranda Rights”. Miranda Rights, http://www.mirandarights.org/. Accessed 18 Apr. 2022.

“Miranda v. Arizona, 384 U.S. 436 (1966).” Justia Supreme Court Center, https://supreme.justia.com/cases/federal/us/384/436/. Accessed 18 Apr. 2022.

“Miranda v. Arizona.” Oyez, www.oyez.org/cases/1965/759. Accessed 18 Apr. 2022.

[outtacontextlitwtc]

"what do you think jeff bezos sounds like when he cums?"

[gudamor]

Know UR rights

[dwi-lawyer-houston]

🚨 Houston Police Didn't Read Me My Miranda Rights: What It Means for Your DWI Case ⚖️

Were you arrested for a DWI in Houston and the police didn’t read you your Miranda Rights? It might have a significant impact on your case. This video from The Butler Law Firm explains how it affects your rights and what it means for your DWI defense. Know your legal options and protect yourself.

Watch the full video here: https://www.youtube.com/shorts/_ohrViN9bj0

Butler Law Firm — The Houston DWI Lawyer 11500 Northwest Freeway, Suite 400, Houston, TX 77092 +17132368744 QJ6Q+FF Downtown Houston, Houston, TX https://goo.gl/maps/249TVhCrAWT65CZS9

Butler Law Firm — The Houston DWI Lawyer 405 Main St Suite 1120C, Houston, TX 77002 +17132368744 QJ6Q+FF Downtown Houston, Houston, TX https://goo.gl/maps/GoArhyhyrEaxiKE8A

Find Us Online: Butler Law Firm Facebook — https://bit.ly/38zmipk Butler Law Firm AVVO — https://bit.ly/3vr08hX Butler Law Firm — Houston DWI Lawyer — https://bit.ly/dui-vs-dwi-in-texas Butler Law Firm Google — https://bit.ly/top-rated-houston-dwi-lawyer DWI Attorney Houston — https://bit.ly/dwi-attorney-houston-tx Houston DUI Lawyer — https://bit.ly/houston-dui-lawyer Butler Law Firm Twitter — https://bit.ly/3OPnWUe Butler Law Firm LinkedIn — https://bit.ly/3vvaJIU Butler Law Firm Instagram — https://bit.ly/3KwTv23 Butler Law Firm State Bar Of Texas — https://bit.ly/state-bar-of-texas

[emeraldspiral]

This video talks a lot about the ways Law & Order portrays every scumbag tactic cops actually use in the real world to get people to incriminate themselves while violating Miranda rights and presenting it as a good thing because the cops are always good and never biased and the suspects are always guilty criminals who deserve the worst punishment the justice system has to offer.

[tocitynews]

Department of Justice report: Phoenix police department violates rights of children, and demeans them– Phoenix Arizona reporting