1.10: What are "Miranda Warnings"?
Description
This article is from the Lawful Arrest/Search/Seizure FAQ, by Ahimsa Dhamapada ahimsa@mu.clarityconnect.net with numerous contributions by others.
1.10: What are "Miranda Warnings"?
The courts have decided (in Miranda vs. Arizona) that for a
proper interrogation to occur, the accused must be informed
of certain rights, such as the "right to remain silent". This
comes from the Fifth Amendment (the right against being
compelled to be a witness against oneself). Also in Miranda
is the "right to an attorney". This comes from the Sixth
Amendment: that the accused has "right to the assistance of
Counsel" Note: the Sixth Amendment never mentions the word
attorney. A Counsel might be your wife, your neighbor, your
friend, your landlord, or your boss, anyone you talk to for
advice.
[A particular perversion of the readings of these two
amendments commonly happens in court: you are *required*
to be silent, and you are *required* to hire an attorney
to speak for you in court. By the way, your State Licensed
Attorney will almost never argue a case on Constitutional
grounds. Hmmm. Coincidence? Go figure...]
In actual fact, Miranda is used as a trick to get you
agree to waive or forfeit some of your rights! The text
of the trickery is highlighted below.
Note: The police do not need to read you Miranda in order
to arrest you, but they must inform you of these rights
before they question you.
Note: There is no "requirement" that one be notified of
other rights, such as those described in the First, Fourth,
Fifth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments,
or of the Declaration of Independence. All of this may be
relevant to interactions with the Police, Courts, etc.
Here is the text of Miranda:
"You have the right to remain silent. Anything you say
can and will be used against you in court. You have
the right to an attorney, and to have the attorney
present during questioning. If you cannot afford
an attorney, one will be appointed for you. Do you
understand AND WAIVE THESE RIGHTS?"
To which you answer:
I understand my rights and WAIVE NONE OF THEM. Furthermore,
I *demand* that all of my natural and common-law rights as
denoted by my Constitution be respected.
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