'can' and 'will' have different meanings. 'can' encompasses some situtations, but 'will' encompasses all situations. In other words, 'will' negates 'can'.
Not only that, but saying 'anything you say will be used against you' is ridiculous, because no one would use something against you in court JUST because you said it after the Miranda Warning. It also has to be meaningful.
Does anyone have clarification on the use of "Will" in this sentence (or any similar sentence that has can and will together). Maybe it's just an english idiom, but then why is it in a legal warning?
2007-10-02 07:27:37 · 8 answers · asked by tysior 1 in Politics & Government ➔ Law Enforcement & Police
You're right. We all see CAN and WILL being used together in the Miranda warning on TV. The use of both words is kind of redundant and clumsy. But there is no legal requirement that both be used together. A police officer could use either CAN or WILL and still satisfy the Miranda requirement.
As for why so many jurisdictions use CAN and WILL together. I'm guessing it has something to do with the point you made in your second paragraph. They're afraid if they just use CAN then people will think their words may or may not be used against them. If they just use WILL, the idea of using everything they say is silly. So they use both and sound even sillier. But at least they got their point across.
2007-10-02 07:54:05 · answer #1 · answered by TampaLawyer 2 · 1⤊ 0⤋
I agree with Cody on this. They are not going to use everything you say against you in court, BUT, they can. The basics of the Miranda rights are so you cannot be forced to say anything. You also have the right to stop talking at any time during questioning. Some police may tell you that you can say something "privately" that they will not use against you and then use it. The Miranda takes this option away because they are telling you they WILL use anything you say.
2007-10-02 07:38:26 · answer #2 · answered by sensible_man 7 · 2⤊ 0⤋
Because ANYTHING you say after you have been read your MIranda rights WILL absolutely be used against you
That is why you keep your mouth shut-- sont say a WORD-- and ask for your lawyer.
2007-10-02 07:35:29 · answer #3 · answered by maybe 4 · 1⤊ 0⤋
I think 'can' and 'will' are necessary qualifying terms. To say it will be used against you doesn't inform the accused of the legality of their speech being used against them. To say it can be used against you implies it might be, the use of the word 'will' implies it will definitely be used if appropriate.
2007-10-02 07:38:59 · answer #4 · answered by Pfo 7 · 1⤊ 0⤋
it is saying... "We have the right to use this in court and since we can use it...we are gonna use it" and yes...if they admit to the crime at the spot but then deny it come court time...they can be like "No! he said he did commit it at the crime"
2007-10-02 07:33:03 · answer #5 · answered by Cdstrstren 2 · 1⤊ 0⤋
I think it's just added emphasis, a hidden threat, to say "I mean business when I say this".
2007-10-02 07:32:07 · answer #6 · answered by Lily Iris 7 · 1⤊ 0⤋
They are saying that they CAN legally use it and the WILL legally use it.
They can use it but choose not too. Or they will use it but they cant legally.
So they CAN AND WILL.
2007-10-02 08:25:40 · answer #7 · answered by LNP 2 · 0⤊ 0⤋
It is just stating exactly what could take place. You're reading into it.
2007-10-02 07:37:59 · answer #8 · answered by CGIV76 7 · 2⤊ 0⤋