Home of JailSergeant.com
Miranda Rights
What the Miranda Rights Say. (Your Right of Silence)
- The exact wording of the "Miranda Rights" statement is not specified in the Supreme Court's historic decision. Instead, law enforcement agencies have created a basic set of simple statements that can be read to accused persons prior to any questioning.
Here are paraphrased examples of the basic "Miranda Rights" statements, along with related excerpts from the Supreme Court's decision.
You have the right to remain silent.
- The Court: "At the outset, if a person in custody is to be subjected to interrogation, he must first be informed in clear and unequivocal terms that he has the right to remain silent."
Anything you say can be used against you in a court of law.
- The Court: "The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court."
You have the right to have an attorney present now and during any future questioning.
- The Court: " the right to have counsel present at the interrogation is indispensable to the protection of the Fifth Amendment privilege under the system we delineate today. [Accordingly] we hold that an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation under the system for protecting the privilege we delineate today."
If you cannot afford an attorney, one will be appointed to you free of charge if you wish.
- The Court: "In order fully to apprise a person interrogated of the extent of his rights under this system then, it is necessary to warn him not only that he has the right to consult with an attorney, but also that if he is indigent a lawyer will be appointed to represent him. Without this additional warning, the admonition of the right to consult with counsel would often be understood as meaning only that he can consult with a lawyer if he has one or has the funds to obtain one. The Court continues by declaring what the police must do if the person being interrogated indicates that he or she does want a lawyer.
- "If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent."
Q & A's concerning Miranda rights warnings and law enforcement procedures
Q. At what point are police required to inform a suspect of their Miranda rights?
A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be "in custody" anytime they are placed in an environment in which they do not believe they are free to leave.
Q. Can police question a person without reading them their Miranda rights?
A. Yes. The Miranda warnings must be read only before questioning a person who has been taken into custody.
Q. Can police arrest or detain a person without reading them their Miranda rights?
A. Yes, but until the person has been informed of his or her Miranda rights, any statements made by them during interrogation may be ruled inadmissible in court.
Q. Does Miranda apply to all incriminating statements made to police?
A. No. Miranda does not apply to statements a person makes before they are arrested. Similarly, Miranda does not apply to statements made "spontaneously," or to statements made after the Miranda warnings have been given.
Q. If you first say you don't want a lawyer, can you still demand one during questioning?
A. Yes. A person being questioned by the police can terminate the interrogation at any time by asking for an attorney and stating that he or she declines to answer further questions until an attorney is present. However, any statements made up until that point during the interrogation may be used in court.
Q. Can the police really "help out" or reduce the sentences of suspects who confess during questioning?
A. No. Once a person has been arrested, the police have no control over how the legal system treats them. Criminal charges and sentencing are totally up to the prosecutors and the judge.
WASHINGTON — Want to invoke your right to remain silent? You'll have to speak up.
In a narrowly split decision, the Supreme Court's conservative majority expanded its limits on the famous Miranda rights for criminal suspects on Tuesday – over the dissent of new Justice Sonia Sotomayor, who said the ruling turned Americans' rights of protection from police abuse "upside down."
A right to remain silent and a right to a lawyer are at the top of the warnings that police recite to suspects during arrests and interrogations. But Tuesday's majority said that suspects must break their silence and tell police they are going to remain quiet to stop an interrogation, just as they must tell police that they want a lawyer.
This decision means that police can keep shooting questions at a suspect who refuses to talk as long as they want in hopes that the person will crack and give them some information, said Richard Friedman, a University of Michigan law professor.
"It's a little bit less restraint that the officers have to show," Friedman said.
The ruling comes in a case in which a suspect, Van Chester Thompkins, remained mostly silent for a three-hour police interrogation before implicating himself in a Jan. 10, 2000, murder in Southfield, Mich. He appealed his conviction, saying he had invoked his Miranda right to remain silent by remaining silent.
Kennedy, writing the decision for the court's conservatives, said that wasn't enough.
"Thompkins did not say that he wanted to remain silent or that he did not want to talk to police," Kennedy said. "Had he made either of these simple, unambiguous statements, he would have invoked his 'right to cut off questioning.' Here he did neither, so he did not invoke his right to remain silent."
Supreme Court Miranda Ruling: Suspects MUST Explicitly Tell Police They Want To Remain Silent
JESSE J. HOLLAND | 06/01/2010 |
Jesus Christ sitting in a secret prison
Can you imagine what it must be like for attractive men and women to be without companionship? These incarcerated female and male inmates are paying a price for crimes they have committed. These inmates are very real and are seeking you! Why not give it a try? Make the day of a lonely inmate! He/She will get excited when his/her name is called to receive a letter from you. Just think how lonely it must feel at mail call to never hear your name, especially after being locked up for several years and family and friends have deserted you. All of these prisoners behind bars have written me a letter requesting to be listed. It can be a lot of fun communicating with these individuals. Don't be shy, give it a try!
Make a lonely Inmate Smile
Write someone today!
www.meet-an-inmate.com
Methamphetamine is an extremely addictive central nervous system stimulant.
It has a structure similar to dopamine (the brain's pleasure transmitter) and causes neurons to release large amounts of dopamine to produce a high. This eventually leads to permanent brain damage as natural dopamine production sites are destroyed - forcing the user to become even more reliant on meth for pleasure.
Meth usage has more prolonged effects on the brain and central nervous system than even cocaine or amphetamine. Withdrawal from meth is also more intense, painful, and longer-lasting than withdrawal from these other drugs. Recovery from addiction is complicated by physical and mental illnesses, particularly severe - and often suicidal - depression.
Breathalyzer - Breath Alcohol Checker - Alcohol Test Pen -Know when you are too drunk to drive.
Pen can be used for checking your breath-alcohol levels repeatedly by simply holding the pen six inches from mouth and blowing into tip of pen for five seconds. If the light turns red it indicates a Breath Alcohol Count of .08% or higher-the legal limit in the United States.
www.emimports.com
"You don't want to see Me Behind you!"
$19.95 or possibly a few thousand $$$in fines & costs plus a criminal record for drunk driving.
Are you a gambling person?
Gangs187 is made up of Christians who have been changed by the power of God. Our goal is to mentor at-risk youth. To show them a new direction in life. A life full of hope and promise. A life that is free of violence and full of possibilities. We do our best to show youth through news video feeds and articles from across the country that gang violence is a dead-end road. That too often innocent lives are lost in the crossfire of a gang war and that gang members usaully end up in prison or the graveyard. We also use the testimonies of former gang members who once lived the the gangbangers life to shed light on a world that is lived in darkness. Please help us spread this message by letting parents, educators and at-risk youth know about our web site.
www.gangs187.com
PROGRESSION OF BECOMING MORE AND MORE FUCKD 4 LIFE HAVING TO NOW GO ANYWHERE AND EVERYWHERE WITH A FACE COVERED IN TATTOOS AND PIERCINGS, A BEYOND DEFINITE PERMANENT FACE FAIL NO GOING BACK NO OPTIONS
Female: Possession of cocaine in a vehicle and disorderly conduct. Male: Domestic Viiolence....as you can see, a good Corrections Officer will assist you (if necessary) with taking your portrait during the booking process.
foto 8
Texas Prison Tattoos
By Andrew Lichtenstein.
Page 1.
alichtenstein@foto8.com
Within the Texas Department of Criminal Justice's expanding prison system tattoos are taken seriously by the inmates and their guards alike. Tattoos obtained while locked up in prison have special significance back on the streets. Texas convicts like other prisoners in the U.S. are racially divided but they share an affection for tattoos that identify home towns. Many of the gangs that are present in prisons across the nation have close regional geographic affiliations. A declaration of allegiance to one town or another can certainly provoke a gang fight and may cost an inmate his life.
Getting Arrested Checklist: Have My Rights Been Violated?
Persons accused of committing a crime have a series of rights, some of which are guaranteed by the U.S. Constitution and some of which are guaranteed for other reasons. If you have been accused of a crime, how can you know if your rights have been violated? While an experienced criminal law attorney can answer that question, the following checklist of rights may also provide you with guidance.
| Yes/No | |
| ____ |
I was allowed to remain silent: One of the most important rights of a person accused of a crime is the right to remain silent. You cannot be forced to divulge information to the police. This right stems from the Fifth Amendment right against self-incrimination. In other words, you are not required to prove your case for the police. They are responsible for developing the evidence to prove you have in fact committed a crime. The right to remain silent was confirmed in the U.S. Supreme Court case of Miranda v. Arizona. If you attempted to remain silent in the face of police questioning, and were coerced or forced into speaking, your rights have been violated. |
| ____ |
I was told that anything I chose to say can be used against me: The police must inform you that if you chose to speak, "anything you do say may be used against you in a court of law." If you were told that you had the right to remain silent, but were not informed of the consequences of choosing to speak, your rights may have been violated. |
| ____ |
I was allowed to have an attorney present when I requested one: Another absolute right of a person under arrest for a crime is the right to have an attorney present during questioning and the right to have counsel during any trial. If you requested an attorney during questioning, and the police denied you that request, your rights may have been violated. |
| ____ |
I was not asked questions while my attorney was absent: Once you request the assistance of an attorney, the police are prohibited from questioning you later without your attorney. In other words, you have the right to have an attorney present during the first, and any subsequent, talks with the police. |
| ____ |
I was not forced to pay for my attorney?s services: Just as you are entitled to have an attorney, you are also entitled to a state-paid and appointed attorney if you can not afford your own attorney per a state's or county's guidelines. If you fall within this category, you will be assigned a public defender to represent you. |
| ____ |
Although I initially didn?t ask for an attorney, when I asked for one later in my questioning, questioning stopped and didn't start again until my attorney arrived: In many situations, criminal suspects may have false confidence that they can handle the matter on their own, without the assistance of an attorney. A criminal suspect who decides to answer police questions without an attorney present still has the right to ask for an attorney at any later point. Once a suspect asks for an attorney, all questioning must stop until the attorney arrives. |
| ____ |
I was treated humanely: Unfortunately, police brutality and unfair treatment continue to occur in the United States. A criminal suspect is entitled to humane treatment, no matter how heinous the alleged crime. If you were not treated humanely, for instance if you were deprived of food and water or if you were beaten either during police questioning or while in a holding cell, your rights may have been violated. |
| ____ |
I was not held unfairly: The government cannot hold you for an extended period of time without charging you with a crime. For instance, if you are placed in a holding cell under suspicion of murder, the government must officially charge you with that crime within a specified period of time. In some states, a charge must be brought within forty-eight hours; in other states the time limit is different. If you have been held without being charged for longer than the legal amount of time, your rights may have been violated. |
| ____ |
I was not treated as guilty before convicted: Criminal suspects being held in jail awaiting trial may not be treated as guilty individuals before they have actually been convicted, no matter how strong the evidence is against them. The cornerstone of the U.S. criminal justice system is the belief that all people are innocent until proven guilty. If you were punished or treated unfairly while awaiting trial, your rights may have been violated. |
| ____ |
I was given a speedy trial: You are also entitled to what is called a "speedy trial." In other words, once you are charged the government cannot purposefully drag its feet and wait to commence a trial against you. If it does, your rights may have been violated. |
| ____ |
I was not subjected to "cruel and unusual punishment" while imprisoned: The Eighth Amendment to the U.S. Constitution guarantees that prisoners must be free from "cruel and unusual punishment." Once you have been convicted of a crime and incarcerated, you must be treated in a manner that does not constitute "cruel and unusual" punishment. Therefore, any punishment that can be considered inhumane treatment or which violates the basic concept of a person?s dignity may be found to be cruel and unusual. For example, your rights may have been violated if you were given only dirty water to drink while incarcerated, or if the condition of your cell was unsanitary. |
My goal is to build the largest database of dumb criminals on the Internet. As a group, criminals aren’t the brightest folks, but some just stand out, err…sink below, the rest.
I am dedicated to publishing their embarrassing stories.
How Dumb Criminals Started
The Dumb Network was started in September 1998, during my freshman year in high school. As you might expect, I’m no longer a high school student — but I’m still pursuing all things dumb.
Dumb Criminals was started sometime in the middle of 1999 with just a few dozen stories.
Since then, it has since grown to include nearly one thousand dumb criminal stories. More stories are added every week; stupid criminals seem to be a renewable resource. If only I could fill my gas tank with stupid, I’d be set.
Thanks for stopping by — I hope you enjoy the site!
Andy Powell
www.dumbcriminals.com
24 Hour Service
