We have heard Officers Malloy and Reed, and the guys and gals in Blue Bloods, recite the subject line. It is part of a statement that is read to suspects before they are questioned by police while in custody. The requirement came about as a result of a SCOTUS decision in Miranda v. Arizona (1966), which concerned one Ernesto Miranda, a bad man who had been accused of kidnapping and rape.. He confessed during interrogation, the confession was admitted into evidence at trial, and Miranda was convicted. He appealed his conviction, and SCOTUS ruled that Miranda had not been advised of his Constitutional right against self-incrimination. Miranda was retried, and the second time, his confession was not admitted into evidence at trial. However, he was convicted anyway.
Since that ruling, officers everywhere have been advising suspects of their rights. Here's the whole Miranda Rights statement:
The part of the statement that is included in the subject line refers to the right of a defendant to counsel even if he or she cannot afford one. "Cannot afford one" means CANNOT AFFORD one. If the suspect owns a car, a boat, and/or other things that can be sold to raise cash, he will not be provided with the services of a public defender until he has sold them. One other thing: a defendant in need of a public defender may sit in the cooler for quite some time before that attorney shows up.
Years and years ago, there was a TV series known as The Public Defender. Reed Hadley, who had starred in the old movie Zorro's Fighting Legion, played the role of a public defender. The plots were simple, and one learned even less about the law than one could learn by watching Perry Mason, but I enjoy reruns when they come on.
Coupla years or so ago, I took several on-line law courses. The one on Criminal Law was taught by one Steven N. Gosney. Gosney is a public defender in Florida with quite a number of trials and appellate cases under his belt. He is an excellent teacher, and he develops training curricula for public defenders in Florida.
Steve had been writing rather scholarly articles on the law and the criminal justice system in Florida (he says "writing is thinking"), and he put them together in a book, which is now in its second edition. The book contains accounts of wins and losses, and of justice and injustice, and his opinions.
It is not an easy read--one is treated to citation after citation of case law, and arguments and counter arguments. And it is about Florida law. But for one who is interested in the law and in the criminal justice system, it is worth the time. Just be prepared to accept that there are bad judges--including those who text or sleep during trials--who remain on benches; that good guys go to prison; and that bad guys walk.
More on Miranda:
And still more:
Since that ruling, officers everywhere have been advising suspects of their rights. Here's the whole Miranda Rights statement:
The part of the statement that is included in the subject line refers to the right of a defendant to counsel even if he or she cannot afford one. "Cannot afford one" means CANNOT AFFORD one. If the suspect owns a car, a boat, and/or other things that can be sold to raise cash, he will not be provided with the services of a public defender until he has sold them. One other thing: a defendant in need of a public defender may sit in the cooler for quite some time before that attorney shows up.
Years and years ago, there was a TV series known as The Public Defender. Reed Hadley, who had starred in the old movie Zorro's Fighting Legion, played the role of a public defender. The plots were simple, and one learned even less about the law than one could learn by watching Perry Mason, but I enjoy reruns when they come on.
Coupla years or so ago, I took several on-line law courses. The one on Criminal Law was taught by one Steven N. Gosney. Gosney is a public defender in Florida with quite a number of trials and appellate cases under his belt. He is an excellent teacher, and he develops training curricula for public defenders in Florida.
Steve had been writing rather scholarly articles on the law and the criminal justice system in Florida (he says "writing is thinking"), and he put them together in a book, which is now in its second edition. The book contains accounts of wins and losses, and of justice and injustice, and his opinions.
It is not an easy read--one is treated to citation after citation of case law, and arguments and counter arguments. And it is about Florida law. But for one who is interested in the law and in the criminal justice system, it is worth the time. Just be prepared to accept that there are bad judges--including those who text or sleep during trials--who remain on benches; that good guys go to prison; and that bad guys walk.
RECOMMENDED, for those with interest in the subject. Full disclosure: I am not very far into it yet.
More on Miranda:
And still more:
- To exercise one's right of silence, a defendant must assert it (not just clam up) and remain silent.
- There is nothing to gain by talking--one cannot expect to explain away his or her actions by discussing them with police.
- "To have an attorney present during questioning" provides, in and of itself, little or no protection. What one says can and will be used against one in a court of law, even if an attorney is present. One should let the attorney do the talking: "My client reasonably believed that...".
- SCOTUS as also ruled that under certain circumstances, what one does not say can and will be used against one.
