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In This Episode:
I pull back the curtain on Miranda warnings: 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 desire an attorney and cannot afford one, one will be appointed to you free of charge before questioning.
Do you understand each of these rights? Do you waive them and give them up so that I can speak with you now?
While it seems that these days any school child can recite the warnings by heart, many people don’t know how they came into being and why police are required to read them to suspects in custody before they are interrogated. Learn about the warnings and the defendants behind the cases that led to this staple of the American criminal justice system.
Also, I will reveal the biggest misconception about the laws related to the Miranda warnings and the actual consequences when the laws are violated.
TRIAL LAWYER MENTOR Quick Tip:
In light of a discussion about the right to remain silent, I offer an explanation about one of the most valuable pieces of advice I ever received as a new lawyer that applies not only to cross-examination and arguments but to any persuasive presentation: “Never miss a good opportunity to keep your mouth shut.”
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Download Audio here. (MP3)
At about 34 minutes into this episode, you mention the misconception that some of your clients have that if a suspect asks and the cop lies about being a cop, the suspect can’t be prosecuted for anything said to the cop. In the movie Taxi Driver, when Robert De Niro’s character meets Harvey Keitel’s character, the Keitel character asks the De Niro character if he is a cop. When the De Niro character says something along the lines of “I ain’t no cop,” the Keitel character responds along the lines of “If you are, it’s already entrapment.” Perhaps this is the source of the misconception.
Hi Jeremy:
I love that tidbit, thank you! I have seen this type of dialogue on TV shows but I did not know it was in Taxi Driver. Would love to hear Paul Shrader say what inspired that exchange. Thanks for this.
I believe that the source of “cops can’t lie” comes from the D.A.R.E. program.
Hmmm, would that have made it worth the cost? 🙂