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Miranda Rights...can somebody explain?

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C

cadillac

Guest
Pennsylvania.
It has always been my understanding that a person MUST be read these rights, however I've learned though this board & a recent personal experience, that this is not so.
My 17 year old daughter is taking law in high school, and right in her book it states that a person MUST be read Miranda Rights.
This is mostly a curiosity question, can somebody explain how we could be all misled about these rights, through media, TV, and even schoolbooks? I think this needs to be addressed in my daughter's classroom, as the info in the books must be wrong? And what exactly is the purpose of these rights, if the police do not have to give them? It's very confusing. Thanks to all, I just love this board! It's so informative.
 


G

GREEZEE

Guest
MIRANDA RIGHTS

LAW ENFORCEMENT CAN DO ANYTHING THEY PLEASE AND THE COURT WILL BACK THEM. NO, YOUR MIRANDA RIGHTS DO NOT HAVE TO BE READ TO YOU.
THE BEST THING TO DO IS KEEP YOUR MOUTH SHUT, DON'T TRUST ANYONE AND LIE LIKE CRAZY OR YOU WILL GO TO JAIL.
CHECK OUT SCOTT NORBERG WHO WAS MURDERED IN MIRACOPA COUNTY ARIZONA BY OVER 20 DEPUTIES AND THE MURDER OF AN UNARMED BLACK MAN IN CINCINNATI BY A POLICE OFFICER IF YOU DON'T BELIEVE LAW ENFORCEMENT CAN GET AWAY WITH ANYTHING.
 
M

mary ray

Guest
If you are in custody and are not free to leave etc., then you are to be read your rights. If your are merely being questioned on a routine traffic stop for instance then no you do not have to read your rights. There is much confusion over this in the public at large.
 
N

NancyK

Guest
Custody, not feeling free to leave, is the time when your miranda rights must be read. Just being questioned does not require this right, however what you say can be used against you.
 
C

ckathy_w

Guest
arrested without Miranda rights

My daughter was arrested when she requested an attorney present, before questioning, even though she was never given her Miranda rights. She was drug from her house to the sidewalk and then they put cuffs on her. There was no warrent, no probable cause, and she was denied a court appointed attorney because she is on disability. In Missouri, you are considered guilty and have to prove yourself innocent.
 
H

hgrego115

Guest
The case of Miranda versus the State of Arizona 1966 and the fifth amendment give you the privilege against self-incrimination. They guarantee the individual the "right to remain silent unless he chooses to speak in the unfettered exercise of his own will during a period of custodial interrgation. Custodial is the key. If you are free to leave then they do not have to read you Miranda. If you are not free to leave AND they intend on asking you questions then they have to read Miranda by law. Just because you are in custody does not mean they will ask you any questions. If they don't ask then there is no need for Miranda.
 

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