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Miranda warnings don't seem to help much in practice. Pretty much everyone who is given one waives their rights and speaks anyway.

by wl 7y ago

User23 7y ago
It's particularly interesting to see videos where the suspect says something along the lines of, "I know my rights, I have the right to remain silent" and then proceeds to blab on and on at the officer. I suppose it's an object lesson in the difference between the right and the ability to do or not do something. Shades of Monty Python...
pavel_lishin 7y ago
Is that true?
- markbnj 7y ago
  The prevalence of advice videos from criminal defense attorneys advising citizens in contact with the police to simply shut their mouths would at least anecdotally support this statement.
  - Scoundreller 7y ago
    Top-of-head thinking? Défense lawyers probably remember really well the cases that could have been a lot easier to win. Just as doctors tend to prescribe what worked last time - easier to do what’s at the top of your mind than critically appraise the evidence.
    - wl 7y ago
      My comment was based on what I've heard law enforcement say on the matter. If someone is in the position where they've been given a Miranda warning, they've been detained and they know they're in trouble. People tend to think they can talk themselves out of trouble, which is rarely the case. Of course, I've also heard that plenty of suspects will start saying incriminating unprompted when you throw them in the back of a police vehicle.
    - kyshoc 7y ago
      It goes deeper than anecdotal "I wish my client hadn't said anything", there are concrete reasons for this advice. For example, according to rules of evidence, any exculpatory statements you make to police are hearsay and therefore cannot be mentioned in a trial. The police _can_, however, try to use that information against you and then use information derived from your original statement at trial. There's a pretty popular lecture[0] on this. It covers a lot of edge cases and common arguments against "don't talk to the police". [0]: https://www.youtube.com/watch?v=d-7o9xYp7eE https://www.youtube.com/watch?v=d-7o9xYp7eE

Miranda warnings don't seem to help much in practice. Pretty much everyone who is given one waives their rights and speaks anyway.

by wl 7y ago

Miranda warnings don't seem to help much in practice. Pretty much everyone who is given one waives their rights and speaks anyway.

User23 7y ago

It's particularly interesting to see videos where the suspect says something along the lines of, "I know my rights, I have the right to remain silent" and then proceeds to blab on and on at the officer. I suppose it's an object lesson in the difference between the right and the ability to do or not do something. Shades of Monty Python...

pavel_lishin 7y ago

Is that true?

markbnj 7y ago
The prevalence of advice videos from criminal defense attorneys advising citizens in contact with the police to simply shut their mouths would at least anecdotally support this statement.
- Scoundreller 7y ago
  Top-of-head thinking? Défense lawyers probably remember really well the cases that could have been a lot easier to win. Just as doctors tend to prescribe what worked last time - easier to do what’s at the top of your mind than critically appraise the evidence.
  - wl 7y ago
    My comment was based on what I've heard law enforcement say on the matter. If someone is in the position where they've been given a Miranda warning, they've been detained and they know they're in trouble. People tend to think they can talk themselves out of trouble, which is rarely the case. Of course, I've also heard that plenty of suspects will start saying incriminating unprompted when you throw them in the back of a police vehicle.
  - kyshoc 7y ago
    It goes deeper than anecdotal "I wish my client hadn't said anything", there are concrete reasons for this advice. For example, according to rules of evidence, any exculpatory statements you make to police are hearsay and therefore cannot be mentioned in a trial. The police _can_, however, try to use that information against you and then use information derived from your original statement at trial. There's a pretty popular lecture[0] on this. It covers a lot of edge cases and common arguments against "don't talk to the police". [0]: https://www.youtube.com/watch?v=d-7o9xYp7eE https://www.youtube.com/watch?v=d-7o9xYp7eE