At trial, how does the Judge know whether or not the Miranda Rights were read to defendant during interrogation? Does the judge just take the police officers word, or does it have to be recorded on audio or video tape?
2007-01-14 12:42:01 · 7 answers · asked by Miss A. 3 in Politics & Government ➔ Law Enforcement & Police
Yes, it is indicated in the Arrest Report. Also, during the trial when the Arresting Officer is called to testify the Prosecutor will ask "Officer (or Detective) did you advise the Defendant of his rights" of course the answer will be "Yes". Next, the Prosecutor will ask "What did you say" The Officer will recite the proper Miranda warnings......here is a little known secret. Inside the witness stand, hidden from view there is a little card that has the proper wording for Miranda. Also, inside the memo book that an Officer carries is a card which also has the proper Miranda warning. If an interrogation (now called interview) is video'd the Miranda warnings will be repeated. If a Lawyer is present and Miranda was already given the Officer will state to the Lawyer that Miranda warnings were given. If asked by the lawyer the Officer will repeat them in front of the lawyer. Since the Miranda Decision in 1967 it is rare that a Police Officer will fail to give Miranda warnings. It is so ingrained in their training that some Officer will give the warning even when it is not necessary.
2007-01-15 01:26:43 · answer #1 · answered by Tom M 3 · 0⤊ 0⤋
It depends on the agency and what local prosecutors like. Here we can have it in all forms, on tape, written, or a verbal advisement in the presence of a couple witnesses.
Don't forget there is a lot of confusion over Miranda. The police do not have to advise you of your rights unless you are both in custody and being questioned. It's not like on TV where you automatically read everybody their rights when you slap the cuffs on.
For example, I am driving down the street and I see you throw a rock through a store window. I stop you and arrest you. Even though you are in custody I don't need to advise you of your rights because you won't be questioned. I saw you do it, there is no need for questioning, and therefore, no Miranda warning.
2007-01-14 15:55:07 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Generally, the officers word is sufficient evidence that something occurred. The officer's testimony that Miranda rights were given is likely all the evidence that is needed. More and more, police officers are recording these advisals and the statements that follow although there are no laws that require that.
2007-01-14 18:07:33 · answer #3 · answered by James P 4 · 0⤊ 0⤋
The officers usually indicate it on their arrest report.
If a detective does a follow up interview that leads to an arrest, they often tape the Miranda warning, and usually the entire conversation.
2007-01-14 12:47:48 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If questioning a suspect about a crime, we always have a pre printed form with the Miranda Rights on it and a place for the suspect to sign, verifying that he has been read his rights. If he refuses to sign, then that is noted on the form. The form is kept in the case file and presented if necessary at court.
2007-01-14 14:23:55 · answer #5 · answered by lightning14 3 · 0⤊ 0⤋
I can only speak for my agency. We have preprinted forms that are read to the suspect. They are asked if they understand it and requested to sign the bottom. The form is then submitted with your case paperwork. " Refusal " is placed on a form if the suspect fails to comply.
Remember not all arrests require Miranda be read. That is a misconception by many.
2007-01-14 15:36:09 · answer #6 · answered by A.R.G.O.S. 3 · 0⤊ 0⤋
They totally do not care about that anymore. My husband was arrested a few times in his wild years and he never had them read to him except once they read half of it. Yes, I believe the law is corrupt enough to where they would take the polices word over yours.
2007-01-14 12:51:03 · answer #7 · answered by Anonymous · 0⤊ 3⤋