4 ms·

That's a common thing for TV cops to say, but it isn't actually a part of your Miranda rights.

readthenotes1 3y ago
It's also a Wikipedia thing to say: "anything the suspect does say can and may be used against them in a court of law;" https://en.m.wikipedia.org/wiki/Miranda_warning https://en.m.wikipedia.org/wiki/Miranda_warning Or were you referring to something else?
- fknorangesite 3y ago
  Look further down in that article: https://en.wikipedia.org/wiki/Miranda_warning#The_warnings https://en.wikipedia.org/wiki/Miranda_warning#The_warnings > anything you say can and will be used against you which is a version that is much more common in fiction, and also what vintermann referenced.
  - thefifthsetpin 3y ago
    That was surprising to me so I dug into the citations [1][2] that correspond to that line in Wikipedia. Citation [1] actually uses the "can and may" verbiage. Citation [2] refers to the "will" verbiage as "now familiar verbiage" in a footnote, but it doesn't seem to be arguing that that verbiage is prescribed or accurate -- just that it's now familiar. It also incorrectly quotes that verbiage as coming from the original court ruling, so clearly they lost track of where they actually got it from (since it's not there). I did find a quora answer [3] which gave an origin story for the "can and will" verbiage, but at this point I'm not ready to trust anything written on the topic that doesn't have solid references. [1] https://www.law.cornell.edu/wex/miranda_warning https://www.law.cornell.edu/wex/miranda_warning [2] https://web.archive.org/web/20230513064943/https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6874&context=jclc https://web.archive.org/web/20230513064943/https://scholarly... [3] look for Mark Tarte's answer to https://www.quora.com/Why-does-the-Miranda-warning-say-can-and-will-be-used-against-you-in-a-court-of-law-instead-of-just-will-be-used-against-you https://www.quora.com/Why-does-the-Miranda-warning-say-can-a...
- thefifthsetpin 3y ago
  The gap between "can and may" and "will" might seem a bit nit-picky, but vintermann's interpretation depends very heavily on that "will." There's also nothing special about being arrested that makes it so that anything you say could be used against you in court. It's really a just reminder that your right to remain silent may have value to you.

It's also a Wikipedia thing to say: "anything the suspect does say can and may be used against them in a court of law;" https://en.m.wikipedia.org/wiki/Miranda_warning https://en.m.wikipedia.org/wiki/Miranda_warning Or were you referring to something else?

fknorangesite 3y ago
Look further down in that article: https://en.wikipedia.org/wiki/Miranda_warning#The_warnings https://en.wikipedia.org/wiki/Miranda_warning#The_warnings > anything you say can and will be used against you which is a version that is much more common in fiction, and also what vintermann referenced.
- thefifthsetpin 3y ago
  That was surprising to me so I dug into the citations [1][2] that correspond to that line in Wikipedia. Citation [1] actually uses the "can and may" verbiage. Citation [2] refers to the "will" verbiage as "now familiar verbiage" in a footnote, but it doesn't seem to be arguing that that verbiage is prescribed or accurate -- just that it's now familiar. It also incorrectly quotes that verbiage as coming from the original court ruling, so clearly they lost track of where they actually got it from (since it's not there). I did find a quora answer [3] which gave an origin story for the "can and will" verbiage, but at this point I'm not ready to trust anything written on the topic that doesn't have solid references. [1] https://www.law.cornell.edu/wex/miranda_warning https://www.law.cornell.edu/wex/miranda_warning [2] https://web.archive.org/web/20230513064943/https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6874&context=jclc https://web.archive.org/web/20230513064943/https://scholarly... [3] look for Mark Tarte's answer to https://www.quora.com/Why-does-the-Miranda-warning-say-can-and-will-be-used-against-you-in-a-court-of-law-instead-of-just-will-be-used-against-you https://www.quora.com/Why-does-the-Miranda-warning-say-can-a...
thefifthsetpin 3y ago
The gap between "can and may" and "will" might seem a bit nit-picky, but vintermann's interpretation depends very heavily on that "will." There's also nothing special about being arrested that makes it so that anything you say could be used against you in court. It's really a just reminder that your right to remain silent may have value to you.