2006-09-21 09:27:33 · 32 answers · asked by amy g 1 in Education & Reference ➔ Quotations
"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 be 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."
That is known as your Miranda rights. It's called that because of the case of Miranda v Arizona. Ernesto Miranda confessed to the crime of kidnapping and raping a girl, but because he claimed he didn't know his rights the supreme court ruled that his confession was not admissable as evidence. Since then, police have been reading the arrested their Miranda rights. Hope that answers your question.
2006-09-21 09:30:30 · answer #1 · answered by Anonymous · 2⤊ 0⤋
First, they say their arresting you and on what charge. E.g, Suspicion of theft. Then they read you your rights, which is something along the lines of.
"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 be 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"
2006-09-21 09:36:02 · answer #2 · answered by kahuna382000 3 · 0⤊ 0⤋
I am arresting you on the suspicion / charge of ...You have the right to remain silent, anything you do say can and will be used against you in a court of law...Do you understand these rights. This is the english version of it.
They must also give you their name, identity number and the police station they are assigned to for it to be a legal arrest.
2006-09-24 09:44:48 · answer #3 · answered by Emma O 3 · 0⤊ 0⤋
Put your hands above your head. Seperate your legs. You are under arrest. Put your hands behind your back. Then cuff cuff. You have the right to remain silent anything you say may be and can be used against you in a court of Law. You have the right to an arttorney if you can not afford one the state will provide you with one. We are taking you down to the station. Then 'mind your head'.
2006-09-21 10:22:05 · answer #4 · answered by cool runings 3 · 0⤊ 0⤋
The Miranda rights.Police generally read these rights to individuals about to be questioned in custody. "You have the right to remain silent. If you give up 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, an attorney will be obtained for you before police questioning."
2006-09-21 09:37:05 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The caution required in England and Wales states, "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence". The person must also be told what crime they are being arrested for and why it is necessary to arrest them.
2006-09-21 09:36:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
"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 be 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."
or some thing like that
2006-09-21 09:31:14 · answer #7 · answered by D@n 2 · 0⤊ 0⤋
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.
2006-09-21 09:55:13 · answer #8 · answered by deandra613 2 · 0⤊ 0⤋
in england they come straight up to you and say, " you have been suspected of (what ever the crime) you have one chance to own up to the truth or you will face drastic consequences. and in america they say "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 be 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."and then they hand cuf you.
2006-09-22 07:47:21 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I am arresting you for **** "you are not obliged to say anything but anything you do say may be taken down and given in evidence" at the station when being questioned it is the same but they add "it may harm your defence if you do not say anything that you later relie on in court"
2006-09-21 09:45:05 · answer #10 · answered by paul t 4 · 0⤊ 0⤋