BEWARE: MIRANDA RIGHTS RESTRICTED
Another Constitutional Right flies out the Door
By Marti Hiken | February 2, 2010
The words we hear in so many movies and television shows when someone is arrested, “Read him his Miranda rights,” no longer have meaning. These rights are dead because the courts have “interpreted” them out of existence.
Throughout our country, if you don’t say the right words during police interrogations, your rights to remain silent and to a lawyer don’t kick in. This leads to unfettered police power when any arrestee tries to protect herself in a powerless situation when confronted by the police. And in a courtroom, all your statements are admissible against you.
This is about the only phrase left to ensure that you retain your rights: “I want to remain silent. I want a lawyer.” Again, another way: “I don’t want to speak to you anymore without my lawyer being present.” It is important not to answer further questions after asserting these rights; instead, merely repeat the statement.
The reason for the Miranda warnings in the first place was that the torture and cruelty inflicted on prisoners in this country decades ago and especially in the South, brought a public outcry. It resulted in the Miranda v. Arizona, (384 U.S. 436) decision in 1966.
In that decision, the Court attempted to strike the appropriate balance between law enforcement interests in obtaining a confession and a suspect’s Fifth Amendment right not to incriminate himself. “….[T]he decision mandated that the suspect be informed prior to any custodial interrogation that he has the right to remain silent and the right to an attorney and that no interrogation can occur until the suspect waives these rights. Moreover, the suspect can assert these rights any point during the interrogation and, if he does, questioning must immediately cease.” (Strauss, Marcy, “The Sounds of Silence: Reconsidering the Invocation of the Right to Remain Silent Under Miranda,” “William and Mary Bill of Rights Journal,” March 2009. In her article Strauss lists the status of the courts’ interpretations of Miranda warnings state-by-state.)
Custodial police interrogations can go on for hours on end and the Miranda Court “recognized that they were so inherently coercive as to create a presumption that a resulting confession was involuntary unless the suspect was explicitly told prior to questioning that he need not answer questions and that he had the right to consult with an attorney for advice.” (Ainsworth, Janet, “’You have the right to remain silent…’ but only if you ask for it just so: the role of linguistic ideology in American police interrogation law.” The International Journal of Speech, Language and the Law, Vol. 15.1, 2008, p. 3)
The problem is that “ambiguous” statements aren’t enough, and in actuality, everything you say will be interpreted by the courts to be ambiguous other than the sentences: “I want to remain silent. I want a lawyer.” Invoking the Miranda rights means clear, unequivocal and unambiguous declarations in the interrogation room. Of course, in jail there is a power disadvantage in that the tempo, timing, and level of brutality are set by the police.
So, no hedged or indirect language invokes the rights.
– No theoretical comments about the availability of counsel, such as
“Could I get a lawyer?” or “May I call a lawyer?”
– No language that softens the demand for a lawyer:
“It seems like I need a lawyer.”
– No logistic questions:
“Could you get me my wallet and bring my lawyer’s business card to me?”
– No imploring ambiguous language:
“I don’t want to talk about it.” or “I won’t talk anymore.”
– No being and remaining silent (you must be definite and utter words)
– No combining demands:
“Screw you, talk to my lawyer.” or “I don’t feel like I can talk with you without any attorney sitting right here to give me some legal advice.”
The situation becomes bleaker, however, in the case Davis v. United States (1994) U.S. 452:
“Give me a lawyer” or “I want a lawyer” are not deemed by the police or courts as kicking in your constitutional rights. (Note that wanting and requesting a lawyer is not the same thing as your right to remain silent by taking the Fifth.)
– Refusing to sign a form indicating a waiver of your rights when coupled with incriminating statements to the police does not invoke your rights. (The incriminating statements obtained by the police are proof that your rights were waived.) To state simply: Make an incriminating statement and your rights are waived.
Underlying all of this is that judges now have no compunction regarding the role of unlimited and brutal interrogation, torture, and intimidation by the police. They also ignore the context that language plays when someone communicates in an abusive situation. Finally, the social context of the arrestee and his intentions become blurred by language. Losing our Miranda rights is simply another step in the wrong direction.
Marti Hiken is the executive director of Progressive Avenues. She can be reached at mlhiken@comcast.net
Share this:
Related
February 3, 2010 - Posted by aletho | Aletho News, Civil Liberties, Timeless or most popular
No comments yet.
Featured Video
Houthis Don’t Have to Conquer Saudi Arabia to Make It Pay
or go to
Aletho News Archives – Video-Images
From the Archives
Newly Released FBI Docs Shed Light on Apparent Mossad Foreknowledge of 9/11 Attacks
By Whitney Webb | MintPress News | May 17, 2019
NEW YORK — For nearly two decades, one of the most overlooked and little known arrests made in the aftermath of the September 11 attacks was that of the so-called “High Fivers,” or the “Dancing Israelis.” However, new information released by the FBI on May 7 has brought fresh scrutiny to the possibility that the “Dancing Israelis,” at least two of whom were known Mossad operatives, had prior knowledge of the attacks on the World Trade Center. … continue
Blog Roll
-
Join 2,351 other subscribers
Visits Since December 2009
- 7,751,013 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
Afghanistan Africa AIPAC al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Poland Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkiye Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen Zionism
Aletho News- MEP blasts ‘Euro-Gestapo’ for lecturing Russia on democracy
- Syria May Send Troops to Saudi Arabia Amid War with Ansar Allah
- UK whines about losing billions to ‘Putin tax’
- Baghaei to Rubio: Distorted narratives cannot erase US record of broken commitments
- Houthis Don’t Have to Conquer Saudi Arabia to Make It Pay
- MOE: Nearly 22,000 Students and Education Workers Killed
- Guterres in Islamabad: Genocide, cowardice, and the cage of Imran Khan
- Johnson, Marandi say Yemen holds upper hand over Saudi Arabia
- False flags won’t save aggressors, Iran FM spokesman says
- The Makkah Pact Enters Into Force: The End of American Dominance or Its New Form?
If Americans Knew- Report claimed Mark Levin used by Israeli government to influence Trump
- Over 2,000 Gazans have died awaiting medical evacuation amid Israel’s continued siege
- How a U.S. Diplomat Suppressed and Altered Reports Critical of Israel
- 5 Palestinians Die from Israeli Strikes in Gaza as Relentless Attacks Continue
- Report: Ceasefire Slows Killing but Leaves Devastation Intact
- Country Music Singer Zach Bryan Breaks Attendance Record at Robert Kraft’s Gillette Stadium While Wearing ‘Free Palestine’ Shirt for Second Night in a Row
- Three years of death and devastation: Israel’s war on Gaza in pictures
- Why Hamas believed the status quo was more dangerous than its 7 October gamble
- Debunking Israel’s latest list of ‘terrorist’ journalists in Gaza
- In Gaza, focus is on survival, “every step is a struggle” – Daily Update
No Tricks Zone- New Study: 50 Years Of The Most Aggressive ‘Net Zero’ Policies Can Only Affect The Global Climate By 0.03°C
- US September “Heat” Was No Record…Many Records Set Decades Ago
- Latest European Green Energy Debacle; Portugal’s Largest Flagship Solar Park Insolvent!
- Green Energy Debacle: German Expert Professor Fritz Vahrenholt Warns Of Severe Economic And Social Consequences
- Two More Paleo Reconstructions Affirm Meters-Higher Sea Levels Across Ireland, Brazil 7000-6000 Years Ago
- New Study: Earth And Venus Surface Warmth Largely Explained By Convection And Lapse Rate, Not CO2 Or Radiation
- 2025 Nature Paper Claiming Worsening Global Drought Gets RETRACTED …Heavily Flawed
- New Study: ‘Global Drought Shows No Detectable Recent Acceleration Under Climate Warming’
- Economic Masterminds: German Socialists Suggest Taxing Productivity Gains Stemming From Using AI
- The South China Sea Has Not Been Cooperating With The Climate Change Narrative
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.

Leave a comment