Ernesto Miranda died 34 years ago today at age 34

[WhaWhaWha]

Ernesto Miranda died 34 years ago today, at the age of 34.

His arrest in 1963 eventually led to the US Supreme Court ruling that established the "Miranda Rights" that are routinely read to criminal suspects arrested in the United States

link... http://www.deadoraliveinfo.com/dead.nsf/mnames-nf/Miranda+Ernesto

--------------------------------------------------------------------------------
Date of Birth: 03/09/1941
Date of Death: 01/31/1976
Age at Death: 34
Cause of Death: Murder

 

[WoodPeckr]

How time flies......

 

[Rockslinger]

I was recently watching the Colbert Report or was it Jon Stewart and they said that the Miranda decision might be overturned in another case. Anybody else hear of this?

 

[ig-88]

can anything you say before the Miranda warning be used against you in any way?

can you just shut up at the first sight of a cop? only providing name and id?

Canadian version:

"You are under arrest for _________ (charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?"

 

[WoodPeckr]

I was recently watching the Colbert Report or was it Jon Stewart and they said that the Miranda decision might be overturned in another case. Anybody else hear of this?

Why overturn it?
In spite of Miranda restrictions, the USA leads ALL countries in the percentage of their population in prison. So it appears Miranda is not hurting LE in the least!.....

 

[Rockslinger]

Why overturn it?

Unfortunately, I wasn't pay full attention but, apparently, all past jurisprudence that had dissenting judges can be overturned in future cases. Apparently, Roe vs Wade is also at risk of being overturned.

 

[papasmerf]

Why overturn it?
In spite of Miranda restrictions, the USA leads ALL countries in the percentage of their population in prison. So it appears Miranda is not hurting LE in the least!.....

Might have two causes

One the amount of criminals

Two laws in place to jail them.

I know this bothers you

 

[WoodPeckr]

Unfortunately, I wasn't pay full attention but, apparently, all past jurisprudence that had dissenting judges can be overturned in future cases. Apparently, Roe vs Wade is also at risk of being overturned.

No need for either to be reversed....unless moving 'backwards' appeals to you....

 

[Rockslinger]

No need for either to be reversed....unless moving 'backwards' appeals to you....

Not my call. I have no need to be read my Miranda rights nor any need for an abortion. Just reporting what I heard on the Stewart or Colbert show.

 

[WhaWhaWha]

Might have two causes
One the amount of criminals
Two laws in place to jail them.
I know this bothers you

How many wrongful convictions have been corrected since the arrival of new DNA technology? What does this tell you about the justice system? As long as they employ their current standards, the US and Canada better tread carefully and pay attention to the rights of the convicted, just in case.

 

[WoodPeckr]

How many wrongful convictions have been corrected since the arrival of new DNA technology? What does this tell you about the justice system? As long as they employ their current standards, the US and Canada better tread carefully and pay attention to the rights of the convicted, just in case.

This is really of NO CONCERN to many on the right.....

 

[masterchief]

can you just shut up at the first sight of a cop? only providing name and id?]

Sure but under Canadian law the police can keep on interrogating you.

Canadian law does not entitle the criminal suspect to have counsel present during the course of an interrogation.

Once a suspect has asserted their right to counsel, the police are obliged to hold off in attempting to obtain evidence until the suspect has had a reasonable opportunity to contact legal counsel, however suspects do not have the right to have counsel present during the questioning.

While American law requires the police to stop questioning a detained suspect as soon as he invokes his right to silence (Miranda v. Arizona, 384 U.S. 436, 445), in Canada even if the suspect emphatically asserts his decision to remain silent, the police may continue to interrogate him.

Although this may give the suspect the impression that his claim of the right to silence is meaningless or that he has no such right, it is perfectly legal

 

[Rockslinger]

I just Googled it. Miranda was not a strong judgment from the Supreme Court (narrow 5-4 decision).

 

[fuji]

Unfortunately, I wasn't pay full attention but, apparently, all past jurisprudence that had dissenting judges can be overturned in future cases. Apparently, Roe vs Wade is also at risk of being overturned.

All past SC decisions can be overturned by the SC, whether split or unanimous. It's just a little more likely in the case of a split decision as fewer minds have to change or be replaced, especially in a 5-4.

 

[WoodPeckr]

Funny!
It sounds like the righties are now hoping for some 'judicial activism'!
What a 'flip-flop'....

 

[toguy5252]

With Roberts and Alito all such judgments are in peril.

 

[WoodPeckr]

Don't forget the most incurious one of them all Clarence Thomas...

 

[oldjones]

Might have two causes

One the amount of criminals

Two laws in place to jail them.

I know this bothers you

Certainly has nothing to do with prison capacity given the number of times various courts have ordered mass discharge of inmates due to inhumane and abusivce overcrowding. And isn't all that hardass stuff s'posed to reduce crime? That's what our PM's weenies are all saying. How can incarceration always go up, if incarceration reduces crime?

 

[Aardvark154]

can anything you say before the Miranda warning be used against you in any way?

In general yes. The Miranda Warning applies to questioning by the police, not to voluntary statements. If the police never ask anything they do not have to advise you of your Miranda rights. Further they can ask you some routine questions without invoking Miranda such as people arrested for OUI/DWI/DUI and being read the implied consent forms etc. . .

can you just shut up at the first sight of a cop? only providing name and id?

If you want to make life hard for yourself. In the U.S., there are certain questions you must answer identification is indeed one of them, another as mentioned above are certain routine questions - "do you understand this right?" In general there is a line between custodial questions and non-custodial questions, did you rob the bank as opposed to do you speak English.

 

[Aardvark154]

I was recently watching the Colbert Report or was it Jon Stewart and they said that the Miranda decision might be overturned in another case. Anybody else hear of this?

If there is certainly I haven't heard of it. Stare Decisis is very firm in Miranda. Now what they may have been discussing is that there are cases in which a defendant asserts that they should have been informed of their Miranda rights when they were not, and the government argues that they need not have been so informed, various nuances have been added to the rules regarding Miranda by a number of decisions over the years since.