Do you know your rights? *Easy 10 points*?
Find answers to your legal question.
Do you know your rights? *Easy 10 points*?
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Can someone please tell me word for word what they say when you are arrested. "You have the right to remain silent. Anything you say can be......." Like that, but can someone please tell me the full speech.
Thanks
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Look Away, I'm Hideous
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The following is a minimal Miranda warning, as outlined in the Miranda v Arizona case.
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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
The following is a much more verbose Miranda warning, designed to cover all bases that a detainee might encounter while in police custody. A detainee may be asked to sign a statement acknowledging the following.
You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present? |
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ksmith673
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Miranda Rights:
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 have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. |
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GlooBoy
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Though every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when they are arrested or placed in a custodial situation, the typical warning is as follows:
β 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 have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you." |
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Eggchick
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This is the Miranda Rights.
You have the right to remain silent. If you give up the right to remain silent anything you say can be used against you in a court of law.
You have the right to an attorney. If you would like an attorney, but cannot afford one, one will be appointed for you by the court. |
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AlexBK
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You have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to an attorney. If you cannot afford one, one will be provided to you by the state. Do you understand your rights? |
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iulawmatt
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They're called Miranda rights. As the Supreme Court outlined in Miranda v. Arizona, they would be read as follows:
"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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."
More detailed, but also better, would be to ask if the subject understands after every statement. It's even better if you can get them to sign a sheet outlining those rights. |
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Burned Bagels
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google Miranda warning, that should give full answer |
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scruffy_dog101
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This is an easy question if you live in America... |
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JM
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it's the miranda rights
you have the right to remain silent, anything you say can and will be used against you in the court of law. you have the right to an attorney, if you cannot afford one, once will be provided for you |
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Duff D
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Google it. |
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paola_uranga
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held against you in a court of law |
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puggylover
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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 can not afford one one will be appointed to you by the court at no cost.
Do you understand your rights as I have read them to you? |
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ziggyxox3
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You have the right to remain silent. Anything you say can be and will be held against you in a court of law. you have a right to an attorney and if you can't get one the state will provide you |
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Gabby
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if you want to know all the rights, i work for a lawyer i can type them out right now- here it goes...
Miranda RIGHTS...
"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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."
thats what they axactly say! |
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Lucy
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You have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to talk to a lawyer and have a lawyer present with you during questioning. If you cannot afford a lawyer, one will be appointed to you if you so desire. If you do choose to talk to the police, you have the right to end the interview at anytime. |
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Jujubee
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you have the right to remain silent, anything u say can and will be used against you in a court of law. you have the right to have an attorney present during questioning. If you cannot afford an attorney one will be appointed for you. |
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I can haz cheezburger
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you have the right to remain silent, anything you say can be used against you in the court of law. you have the right to an attorney if you can not afford one one will be appointed to you. do you understand these rights?
i think |
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bwlobo
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1. 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."
2. 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."
3. 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."
4. 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."
But -- You can be arrested without being read your Miranda Rights
The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is "probable cause" -- an adequate reason based on facts and events to believe the person has committed a crime.
Police are required to "Read him his (Miranda) rights," only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid.
Also without reading the Miranda rights, police are allowed to ask routine questions like name, address, date of birth, and Social Security number necessary to establishing a person's identity. Police can also administer alcohol and drug tests without warning, but persons being tested may refuse to answer questions during the tests. |
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Tahaha
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You have the right to remain silent while I bend you over my car ...
you do not have to right to question me... or you will have the right to spend your evening in jail.
I ,however, have the right to illegally search you, lie in court, and manipulate you into screwing yourself.
If you question anything that I just said.... be prepared for brutality |
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Moon W
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you have a right for a lawyer if you can't afford one a lawyer will be appointed for you. |
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weedsnflowers
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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 cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?β |
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roxxie
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the miranda right....
...The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her. |
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raviet31
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The Miranda warning sometimes is different from department to department. Certain words change, but the actual content of the warning does not. |
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LiquidMetal
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"The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her."
-is what the Supreme Court ruled in the Miranda vs. Arizona Court Case
Some cities and jurisdictions may alter the precise verbalization of the Law Enforcement Officers.
My Miranda warning rights card that my city makes me carry and read says:
"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 answer any questions and stop answering at anytime. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you by the court. Do you understand these rights that have been stated to you?" |
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Sari
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You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
More info:
Though every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when they are arrested or placed in a custodial situation, the typical warning is as follows:
β 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 have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. β
The courts have since ruled that the warning must be "meaningful", so it is usually required that the suspect be asked if he understands his rights. Sometimes, firm answers of "yes" are required. Some departments and jurisdictions require that an officer ask "do you understand?" after every sentence in the warning. An arrestee's silence is not a waiver. Evidence has been ruled inadmissible because of an arrestee's poor knowledge of English and the failure of arresting officers to provide the warning in the arrestee's language.
Also because of various education levels, officers must make sure the suspect understands what the officer is saying. It may be necessary to "translate" to the suspect's level of understanding. Courts have ruled this admissible as long as the original waiver is said and the "translation" is recorded either on paper or on tape.
The right of a juvenile to remain silent without his or her parent or guardian present is provided in some jurisdictions.
Some departments in New Jersey, Nevada, Oklahoma, and Alaska modify the "providing an attorney" clause as follows:
β We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court. β
Even though this sentence may be somewhat ambiguous to some laypersons, the U.S. Supreme Court has approved of it as an accurate description of the procedure in those states. Duckworth v. Eagan, 492 U.S. 195 (1989) (upholding use of sentence by Hammond, Indiana police).
In border states, including Texas, New Mexico, Arizona, and California, suspects who are not United States citizens are given an additional warning:
β If you are not a United States citizen, you may contact your country's consulate prior to any questioning. β
Some states including Virginia require the following sentence, ensuring that the suspect knows that waiving Miranda rights is not a one-time absolute occurrence:
β You can decide at any time from this moment on to terminate the interview and exercise these rights. β
California, Texas, New York, Florida, Illinois, North Carolina, Virginia and Pennsylvania also add the following questions :
β Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me? β
An affirmative answer to both of the above questions waives the rights. If the suspect responds "no" to the first question, the officer is required to re-read the Miranda warning, while saying "no" to the second question invokes the right at that moment; in either case the interviewing officer or officers cannot question the suspect until the rights are waived.
Generally, when defendants invoke their Fifth Amendment right against self-incrimination and refuse to testify or submit to cross-examination at trial, the prosecutor cannot punish them by commenting on their silence and insinuating that it is an implicit admission of guilt. Griffin v. California, 380 U.S. 609 (1965). Since Miranda rights are simply an extension of the Fifth Amendment which protects against coercive interrogations, the same rule also prevents prosecutors from commenting about the postarrest silence of suspects who invoke their Miranda rights immediately after arrest. Wainwright v. Greenfield, 474 U.S. 284 (1986). However, neither the Fifth Amendment nor Miranda extend to prearrest silence, so if a defendant takes the stand at trial (thereby waiving his Fifth Amendment rights), the prosecutor can attack his credibility with his prearrest silence (where he failed to turn himself in and confess immediately). Jenkins v. Anderson, 447 U.S. 231 (1980).
Under the Uniform Code of Military Justice, Article 31 provides for the right against self-incrimination. Interrogation subjects under Army jurisdiction must first be given Department of the Army Form 3881(PDF), which informs them of the charges and their rights, and sign it. The United States Navy and United States Marine Corps require that all arrested personnel be read the "rights of the accused" and must sign a form waiving those rights if they so desire, a verbal waiver is not sufficient.
It has been discussed if a Miranda warning β if spoken or in writing β could be appropriately given to disabled persons. For example, "the right to remain silent" means little to a deaf individual and the word "constitutional" may not be understood by people with only an elementary education. The content of a Miranda warning can be understood by a 6th- to 8th-grade pupil while only 10 to 15 percent of prelingually deaf people have been found to be that competent, due to the linguistic and cultural differences between the Deaf and Hearing communities.[citation needed] In one case, a deaf murderer was kept at a therapy station until he was able to understand the meaning of the Miranda warning and other judicial proceedings.[3] |
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shilo9i
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It depends on the police department. Almost all of them have cards printed up, but the actual wording varies from department to department and state to state. Do a search for "Miranda warning" and you should find some examples. |
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AMA
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You have the right to remain silent. Anything you say can and will be held against you in the court of law. |
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its me
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can be used aginst you... |
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Munch2477
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there are variants.
...and will be used against you in the court of law. you have the right to an attorney. if you cannot afford one we will provide one for you |
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.LOVE.THE.JONAS.BROS.
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try askjeeves
i'm sure you'll find it.
best of luck;; |
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Dan F
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You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present? |
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