This entry was posted
on Tuesday, February 10th, 2009 at 12:02 am and is filed under Uncategorized.
You can follow any responses to this entry through the RSS 2.0 feed.
Both comments and pings are currently closed.
very sad, but very true. sigh
Sadly, appeal courts seem to not care about these type of fundamentals short of the cops actually beating the accused with a copy the text… and even then, they would say that the cops discharged their duty by making the accused aware of their rights.
Miranda warnings are only still around because getting rid of them would be political suicide. They only even have a chance of helping in such limited circumstances.
Miranda warnings are at this point so well-known that Pennsylvania motor vehicle law has a whole line of cases on the subject of being “Mirandized by television”: a driver refuses to submit to a sobriety test without talking to his lawyer first, the cop tells him that he has no right to speak to an attorney before a sobriety test (which is correct), but the drunk driver insists that he “knows his rights!!!” … because he’s seen it on TV. Because TV has so deeply ingrained this into our brains, the cop is actually obligated to explain to the driver that Miranda rights do *not* apply to sobriety tests!
Courtoons © David E. Mills 2008-09: Daily legal cartoons and comics.